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  1. #1
    Join Date
    Apr 2007
    Posts
    2

    Default Bank Account Frozen

    A judgement was entered against my husband in Maryland District Court for an 8 year old debt from a previous landlord and a garnishment was filed against him. Our home address on the court order was misspelled so he did not receive any of the notices to come to court. They have subsequently garnishment my personal checking account although I am not named in the garnishment order. My account is not a joint account but is "linked" to a seperate account that my husband has. (It gives him access but is strictly my account.) My assets are now frozen and the overdraft fees are starting to pile up. We asked the bank for a copy of the order but are having no success. They stated that they mailed it but could not tell us exactly when and we have not received it (It's been 5 days). They did give us the attorney's number who sent only the 1st page of the order but no information about how to respond to this action that has been taken against us. My husband acknowledges that he does infact owe the money and would like to make some sort of payment arrangements but he would also like to have my account released. Is this legal??

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,817

    Default Re: Bank Account Frozen

    Get a copy of the order from the court which issued it, which would be the court where the judgment was entered. If you have a legal basis to have the order set aside, as it relates to your bank account, you need to raise that with the court. If you wish to negotiate a resolution of the debt, contact the judgment holder's law firm and see what you can work out.

  3. #3
    Join Date
    Apr 2007
    Posts
    2

    Default Re: Bank Account Frozen

    OK, so we filed a motion for exemption with the court to have my portion of the assets released from levy and my husband has agreed to payment arrangements with the original creditor's attorney. The motion for exemption was granted by the court and we were sent a copy of for our records. We were told that a notice from the court would be sent to the bank in order to release the garnishment on the account. That was over two weeks ago. The court said that they sent it, the bank has no record of it and now my money is still frozen. I even sent the bank my copies of the court papers ordering that my account be released but the bank will only take originals. I'm now at a loss as to what my options are. I cannot afford a lawyer to handle this and both parties seem reluctant to help. Any ideas??

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Bank Account Frozen

    See if the bank will accept a copy (perhaps a true copy or certified copy) you get from the court and deliver to it, or try to get the court to send another copy.

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