[dmbfanindy]

My question involves collection proceedings in the State of: Indiana

Long story short. My wife was hit by an uninsured motorist about 2-1/2 years ago and is still recovering from it. Since she has lost her job and has defaulted on her discover card for about 4k. We have a joint checking account and when going to the store for groceries I found that my card was declined. I knew this couldn't be true so I called the bank. They told me that Discover bank had placed a 90 day hold on my account. I asked the bank if this was legal as I had no warning they were going to take this step and they said they would send the copy of what they received to me in the mail. On Saturday morning we get a summons to appear in court on Sep 8th, 2009 for Discover bank!? How is it possible that we don't go to court for 6 weeks but they already received judgement to freeze our account?

Second question. With my wife being off work and contributes absolutley no income, can they actually freeze our joint account when 100% of the funds being deposited weekly are in my name from my employer (Direct deposit, I might add. She called the Discover and they said we would have to fax them bank statements shwoing proof of this claim which we did, but still have heard nothing from them.

Any help or advice would be greatly appreciated as we have four kids, live week to week as it is and nowI have no food or money and these assholes could care less, as the tone on during the phone conversation eluded to. God have mercy on their souls. Its not as if we haven't tried with them, we've paid almost 1k since last november but now they have been wanting the full amount which is not possible.

Again, any help would be greatly appreciated. Thanks and God Bless

[Mr. Knowitall]

They told me that Discover bank had placed a 90 day hold on my account. I asked the bank if this was legal as I had no warning they were going to take this step and they said they would send the copy of what they received to me in the mail. On Saturday morning we get a summons to appear in court on Sep 8th, 2009 for Discover bank!? How is it possible that we don't go to court for 6 weeks but they already received judgement to freeze our account?

We have no way of investigating that for you. You'll need to check the court file.

The summons is for what purpose? Is it a summons and complaint for default on the credit card? A summons for a hearing on enforcing the judgment they somehow obtained? A summons for some other purpose?

Second question. With my wife being off work and contributes absolutley no income, can they actually freeze our joint account when 100% of the funds being deposited weekly are in my name from my employer...

Money in a joint account is presumed to be jointly owned. You may argue to the court that the only money in the account is money you have deposited, and to try to get the court to release the funds on that basis.