Bank account frozen

adsw99 · #1 02-03-2005, 06:20 PM

My bank account has been put on hold because of a past due debt to a credit card that was in my name. I have not heard anything from this company in over a year, probably longer, and all of the sudden my bank account is on hold. The bank account is in my husband's social security number. His paycheck gets direct deposited there, and we have bills that are automatically paid out of this account. How long do these holds last, and what will happen about the bills that are getting withdrawn? Do I have any rights so that my husbands paycheck does not get taken. His name is not on the debt at all.

Anonymous · #2 02-03-2005, 08:44 PM

You should have received a copy of the court order authorizing the freezing of the account. That order would typically describe steps you can take to challenge that action. This type of order is typically issued after there is a judgment issued against you on the underlying debt. From what you have said, there might have been a lawsuit filed against you which you did not defend, resulting in a default judgment. You should explore whether that happened.

Your husband can open a new account, and have his employer direct-deposit the checks to tht new account, or in the alternative can ask that his employer issue him traditional "paper" paychecks, while things are being resolved with the frozen account.

adsw99 · #3 02-04-2005, 04:41 PM

so since I have not recieved any paperwork are there any actions that I can take to stop this? Also, how long does this last, until the debt is payed, or will it last longer?

Anonymous · #4 02-04-2005, 05:10 PM

If the bank has frozen your account, the bank has been served with something to authorize (and require) that action. Get a copy from the bank.

That order should indicate its terms and duration.

adsw99 · #5 02-04-2005, 07:00 PM

how long do the creditors have to persue these debts? I haven't seen anything from this creditor in 5 years.

Anonymous · #6 02-04-2005, 08:32 PM

The statute of limitations varies by state, and the date upon which it starts to run can vary based upon a number of factors, including the date of the last charge or payment. I suggest, again, that you find out how you managed to get this garnishment in place by tracking down the order, as without learning that information all anybody can do is guess.

PSCALES · #7 04-08-2006, 03:47 AM

I HAVE JUST WENT THROUGH THIS MY SELF,WHAT YOU NEED TO DO IS GO TO THE COURT HOUSE AND FILE AND EXEMPTION THIS IS TO SHOW THE COURTS THE FOLLOWING INCOME ARE EXEMPT AND THUS YOUR HUSBANDS INCOME HAS NOTHING TO DO WITH WHAT YOU OWE THEY WILL GIVE YOU A COURT DATE FAST TO GET IT BACK BEFORE THE JUDGE AND EVEN TELL THE JUDGE ALL YOU CAN AFFORD TO PAY IS TEN DOLLARS A MONTH AS LONG AS YOU MAKE ANY KIND OF PAYMENT EVERY MONTH NO MATTER HOW SMALL THE JUDGE SHOULD GO IN YOUR FAVOR AND RELEASE YOUR ACCOUNT,I DID THIS AND MY ACCOUNT WAS RELEASED THE SAME DAY I WENT TO COURT. I TOOK ALL HOUSE HOLD BILLS, RENTAL LEASE,AND TELL YOUR HUSBAND TO PUT A STOP ON HIS DIRECT DEPOSIT NOW, I STOP ALL DIRECT DEPOSITS JUST SO I COULD PAY MY BILLS,,LET THE COURTS KNOW YOUR HUSBAND IS NOT RESPONSIBLE FOR THIS DEPT