Re: Pre-Judgement Seizure (Important)

Posted by BallsInVise (192.138.150.250) on January 09, 2004 at 17:59:09:

In Reply to: Re: Pre-Judgement Seizure (Important) posted by Why Chat on January 09, 2004 at 17:47:22:

Please explain the process more. I mean, don't they need your acct number to do this, or is just a name and SSN enough?

BTW, I found the following information on Nolo which says that the creditor can freeze a bank acct with a judgement. It also implies that only certain creditors, like the IRS, can freeze without a judgement.

(http://www.nolo.com/lawcenter/auntie/questions.cfm/objectID/0B027AAA-606A-40C8-982EB70A263858A6/catID/8F965511-320B-429E-AFF92326E148C549)

Can a Creditor Freeze My Bank Account?
QUESTION:

Today I discovered that a creditor has frozen my bank account. I'm barely earning any money right now, and with three kids I can't afford to lose any of these savings. Is this legal? The creditor does have a court judgment against me.

ANSWER:

Brrr. I much prefer frozen pies and jams to frozen bank accounts. And I have bad news: It is legal for a creditor with a court judgment against you to freeze or "attach" your bank account. Some creditors, like the IRS, can attach your account even without a court judgment.

But there are limits to what the creditor can take from your account. If all or some of the money came from sources such as Social Security or a public assistance program, this money would be protected. To prove that you deserve this protection, however, you'll have to ask for a hearing.

How to request a hearing, and how soon you must request it (usually pretty soon) varies from state to state. The best way to start is to ask the bank for copies of all the attachment papers. These papers normally outline the next procedural steps. Or, call your local legal aid office for advice and possibly low-cost legal representation.

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