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Frozen bank account...need help!


CreditSuperstar
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Guys, I posted this over at the lawyer forum, but I'm hoping someone sees it here too. Not trying to spam.

Something from the distant past has cropped up and bit me.

I had a dental judgment against me years ago. Here is the court history.

101.00 Dec 11 2000 MOT FOR DEFAULT-PLEADING P No Granted Dec 28 2000 BY THE CLERK

102.00 Jan 12 2001 TRIAL LIST Yes

102.75 Mar 09 2001 TRACK EXPIRATION Court

103.00 Mar 21 2001 AFFIDAVIT OF DEBT P No

104.00 Mar 22 2001 JUDGMENT-HRNG IN DAMAGES Yes Mar 22 2001 Hon. RICHARD GILARDI

105.00 Apr 05 2001 CERTIFICATION OF SERVICE P No

106.00 Apr 05 2001 MOT ORDER OF PAYMENTS P No Order Apr 17 2001 Hon. RICHARD GILARDI

107.00 May 29 2001 APPL FOR EXECUTION P No

107.50 Jun 01 2001 EXECUTION ISSUED Court No

107.75 Jun 29 2001 EXECUTION RETURNED P No

108.00 Jul 02 2001 PET EXAMINE JT DEBTOR P Yes

108.50 Jul 02 2001 ORDER TO SHOW CAUSE Court Yes

108.75 Jul 02 2001 SUBPOENA ISSUED P No

109.00 Jun 25 2001 RETURN OF SERVICE P No

110.00 Oct 03 2001 APPL FOR EXECUTION P No

110.50 Oct 04 2001 EXECUTION ISSUED Court No

110.75 Jan 08 2002 EXECUTION RETURNED P No

111.00 Jan 08 2002 APPL FOR EXECUTION P No

111.50 Jan 09 2002 EXECUTION ISSUED Court No

111.75 Jan 28 2002 EXECUTION RETURNED P No

112.00 Apr 01 2002 PET EXAMINE JT DEBTOR P Yes Continuance May 06 2002 Hon. ROBERT SHAPIRO

112.50 Apr 01 2002 ORDER TO SHOW CAUSE Court Yes Continuance May 06 2002 Hon. ROBERT SHAPIRO

113.00 May 20 2002 LETTER Court No

114.00 Sep 19 2002 APPL FOR EXECUTION P No

114.50 Sep 26 2002 EXECUTION ISSUED Court No

115.00 Nov 07 2002 EXECUTION RETURNED P No

116.00 Nov 07 2002 APPL FOR EXECUTION P No

116.50 Nov 07 2002 EXECUTION ISSUED Court No

116.75 Jan 31 2003 EXECUTION RETURNED P No

117.00 Feb 04 2003 PET EXAMINE JT DEBTOR P Yes

117.50 Feb 04 2003 ORDER TO SHOW CAUSE Court Yes

118.00 Mar 06 2003 RETURN OF SERVICE P No

119.00 Sep 17 2003 EXECUTION ISSUED P No

120.00 Mar 08 2007 EXECUTION RETURNED P No

121.00 Mar 08 2007 PET EXAMINE JT DEBTOR P Yes

121.50 Mar 08 2007 ORDER TO SHOW CAUSE Court Yes

122.00 Apr 11 2007 RETURN OF SERVICE P No

123.00 Feb 15 2008 EXECUTION ISSUED P No

I found my main checking account frozen this morning to the tune of $4,500.00.

The majority of the funds are from my wife's job 60% and the remainder is mine. I have been unemployed for three months and have just started getting unemployment compensation.

My questions are, can they freeze my wife's documented direct deposits and can they freeze my funds while I am unemployed?

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It would really help to know where you are as your state's laws have an impact on this. However, I would say that in most states, they cannot attach yoru wife's documentable funds/assets for a debt you owe and I'm fairly certain that they cannot attach unemployment or any other government assistance.

That said, getting this straightened out will take some effort.

I have to ask, why are you letting this debt hang around for eight years???

Unless there was something wrong with the judgment (a little late to bring it up in any case), it seems pretty obvious that the judgment holder isn't just going to "let this go"...I'd really recomend you either settle this or make some arrangements on it and put this thing to rest.

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They can freeze your and your wife's funds for a period of time (as you've already learned); the real question is how much if any can they keep and that process will take some sorting out - eventually at least your wife's funds will probably be unfrozen.

And, while they can't take your unemployment compensation, they can take any other cash/assets other than that - it's just that non-cash assets take more effort on their part to collect.

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