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Judgment Stayed - New Trial - Court Still Holding My Funds From Bank Levy


GoodLifeIsGone
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About a year ago, I was sued in Generals Sessions court over a lease dispute. I won, the case was dismissed in my favor with prejudice, and I thought all was over. I was wrong! The plaintiff filled an appeal to Circuit Court. Neither me, nor my attorney was ever notified of the appeal and when we did not show up the case was still tried on its merits (according to the judge) and the plaintiff was awarded a judgment! They waited 45 days then filled a bank levy against me and drained my bank accounts! It was only then that I even learned of the appeal.

We filled a motion to overturn the judgment and were able to prove that notice had not been given. The judge set a new trial date in April and “Stayed” the judgment but stated that my money already collected via the bank levy would remain in the court clerk’s office until the new trial!

Q1. Is this legal? It seems the judge (same judge that heard the appeal and same judge that will hear the new trial) is basically telling me I will ultimately lose this case.

Q2. If I file bankruptcy, what would happen to those funds? The funds are from a business checking account that I own jointly with my wife. It was only me that was sued and it would only be me that filed bankrupt.

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I'm not sure about Tennessee but I think they're a Tenancy By Entirety state like Missouri is. If that is the case then if the bank account was in both of your names and the debt/judgement was only yours then the bank should not have released those funds. This happened to my wife where she lost a judgement to Midland (we didn't know about this site back then) but when they tried seize our bank account, they couldn't. But I will leave it to the experts on this site to interpret better.

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Guest usctrojanalum

Q1. Is this legal? It seems the judge (same judge that heard the appeal and same judge that will hear the new trial) is basically telling me I will ultimately lose this case.

Yes.

Q2. If I file bankruptcy, what would happen to those funds? The funds are from a business checking account that I own jointly with my wife. It was only me that was sued and it would only be me that filed bankrupt.

This is where it gets a little muddy, does the money belong to you personally or your business? If the money belongs to the business, you filing personally does nothing. If the money belongs to you then it could change things.

Secondly, for a money to be taken out of a business account - typically the debt has to be owed by the business. It is not always the case, just usually the case.

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  • 4 weeks later...

This is where it gets a little muddy, does the money belong to you personally or your business? If the money belongs to the business, you filing personally does nothing. If the money belongs to you then it could change things.

Secondly, for a money to be taken out of a business account - typically the debt has to be owed by the business. It is not always the case, just usually the case.

My business is a sole prop owned by both me and my wife.

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