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Frozen bank account

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jfk

Member
What is the name of your state? CO

I have a joint account with my hubby. a bill collecter put a freeze on our joint bank account. I cant get access to my C/S from my previous marriage. The garnishment is under my hubby's name only. Can they freeze our joint account? That money in the account is my child support. I have proof of deposit and I have proof of all the bills I have paid with my hubby's money. Can they just take that money?
 


JETX

Senior Member
Who took the money?? Was it a judgment creditor or was it the bank (for failure to repay a loan) or someone else??

If a judgment creditor, it obviously wasn't a 'surprise' since there are many steps involved, the least of which is a lawsuit. And even if a judgment creditor, there are procedures that would allow you to challenge the garnishment process and to release the funds that you can prove are yours.

If your bank seized the funds as a result of your failure to pay, you very probably gave the bank permission to do that when you signed the loan papers.
 

jfk

Member
There weren't any paper work from the bill collector. It was for a school, not through the bank. I happen to find out by going to the bank to get some money. They never send us anything regarding the writ of garnishment. The people of the bank did. I have a court order stating that I get C/S and I have all my deposit slips for the money. I just need to know what I have to do to get that money unfrozen.
 

JETX

Senior Member
You still haven't answered my questions. So, lets try again:

1) What was your obligation to the 'school'??
2) What was this debt for??
3) What relationship (if any) exists between the 'school' and the bank?
4) What did the bank say when you contacted them??
5) You said the bank gave you some paperwork. What does the paperwork say??
6) Was their a judgment involved?
7) Was your husband sued by a creditor and lost??
8) Was your husband contacted by the creditor with demands for payment of the judgment and threats of further enforcement action?
9) What did the court say when you called them about the garnishment??

The answer to what you can do (if anything) is dependent on the above answers.
 

jfk

Member
I am soo sorry.

1) What was your obligation to the 'school'??
My huuby was working for a truck driving Co., which enrolled him in this truck driving shcool. (which lasted for about a week) during the length of employment, the company would take partial payment for the schooling and the co. would pay the balance. He left the co. and now was left with the school bill.

2) What was this debt for??
M hubby back in Jan of 2001 was served a summons stating this was his last chance to make arrangements for this bill. The summons was not dated by the court or did it have a case number. He called the collector and made arrangements to pay $150 a month for this truck driving school. And was told that the summons will not be filed.

3) What relationship (if any) exists between the 'school' and the bank?
There is no relationship with our bank and the school.

4) What did the bank say when you contacted them??
I was told from the bank that their was a garnishment on our account. that is why the money is frozen.

5) You said the bank gave you some paperwork. What does the paperwork say??
Writ of Garnishment with notice of exemption

6) Was their a judgment involved?
apparently so. After reading the court it states "Original amount of judgement enter May 31, 2001. Which means to me that the collector did filed the paper work and but we never recieved any court order to appear in court. as I mention in the above sentence. When my hubby got the first "supposely" summons the court date was Feb.22 2001. How is it possible that the collecter could get a Judgment on May 31, 2001 and not inform us that he was taking my hubby to court? Since he told my hubby that he wouldn't if we started making payments on this debt.

7) Was your husband sued by a creditor and lost??
Read quest #6

8) Was your husband contacted by the creditor with demands for payment of the judgment and threats of further enforcement action?
My hubby tried to call the collector about the garnishment and was told to pay the oweing balance, which is $300. How are we suppose to pay this if the account is frozen. The collector also stated that if my hubby pays the past due amount then the collector will lift the garnishment within minutes. he said all he had to due was type up a release form and fax it to the bank. I thought it had to be filed with the court in order to release the garnishment.

9) What did the court say when you called them about the garnishment?? I am going to the court today regarding this and also finding out about objecting this matter and to see how the summon for the May 31 judgement was served since we did not recieve anything from them(the collector)

I really appriecate your time and help with this. Thank you soo much!!
 
M

minerk

Guest
Since your husband failed to answer the Complaint (summons) in writing to the court and plaintiff, the plaintiff won a default judgment against your husband.

The plaintiff lied to your husband about filing the case, since he was served papers the case was already filed.

Here's about how it works (Halket--correct me if I'm wrong):

1. They file a Complaint (suit) with the court and have you served with a copy of the Complaint.

2. You have a specified timeframe in which to return (to the court and served on the plaintiff) an Answer to the Complaint, in which you admit, deny, or neither admit or deny each item in the Complaint.

3. There may be some paperwork to and from the court for a while (witness lists, petitions for discovery, etc.), during this time you could still negotiate with the creditor. (If you were to reach an agreement at this point all parties file for dismissal and it's over).

4. Eventually the court will set a date for the hearing, and notify all parties.

Since you did not file an Answer with the court you lost by default at step 2 without there ever having been a hearing!

In the future, any time you are served with a summons seek competent legal advice before taking action.
 

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