Freezing Bank Account

[Beth Ann H]

What is the name of your state? Pennsylvania

Can a credit card that was sent to collections put a freeze on my checking account if the account is in two names and the credit card was only in my name?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Pennsylvania

Can a credit card that was sent to collections put a freeze on my checking account if the account is in two names and the credit card was only in my name?

My response:

Yes, because you're an owner of the account. The CC company doesn't know whose money is whose. All they know is that your name is on the account and that you have access to money. It's up to you, and the co-owner, to prove whose money is whose. If you can't prove that, then consider all the money GONE!

This will teach you a lesson to pay your debts instead of putting your money in the bank.

IAAL

 

[Vote4Pedro]

Unless there's a judgment

I believe that unless the CC company / collection agency has a judgment against you for the CC debt (or possibly, according to a collections attorney I know, if the bank account is at the same bank the credit card was issued by), they cannot freeze your bank account.

In most cases and maybe all cases, they have to have a judgment to freeze your assets or take your money. If you're worried, I would check with court houses in your county or the county in which you lived when you got the card and see if the CC company has gotten a judgment against you. You could also get this information from your credit report if it has been reported.

Good luck,
HT

 

[Beth Ann H]

I was not looking to be taught a "lesson". Our account is only a checking account to pay regular monthly bills. If I had the extra money I would be paying off the debt. I actually have attempted to make payment arrangements to no avail. I was only looking for an answer, not your personal opinion

 

[I AM ALWAYS LIABLE]

I believe that unless the CC company / collection agency has a judgment against you for the CC debt (or possibly, according to a collections attorney I know, if the bank account is at the same bank the credit card was issued by), they cannot freeze your bank account.

In most cases and maybe all cases, they have to have a judgment to freeze your assets or take your money. If you're worried, I would check with court houses in your county or the county in which you lived when you got the card and see if the CC company has gotten a judgment against you. You could also get this information from your credit report if it has been reported.

Good luck,
HT

My response:

Of course there was a lawsuit and a judgment!!

Banks don't allow access to accounts unless there's a court order.

Geez, you can't be THAT stupid, can you?

IAAL

 

[Beth Ann H]

At this time, there is only a threat of freezing my bank account. They have, however, put a lien on my home [I went to the local magistrate for that] Should this be something I am made aware of in advance or can they jusy do iy without prior notification? They have also threatend to garnish my wages which I know they cannot do in PA.

 

[Vote4Pedro]

Could I AM ALWAYS LIABLE be more rude?

My response:

Of course there was a lawsuit and a judgment!!

Banks don't allow access to accounts unless there's a court order.

Geez, you can't be THAT stupid, can you?

IAAL

IAAL,
She didn't say that they had frozen her account--only asked if they COULD freeze the account. If she said they had frozen the account, my response would have been different.

Also, the fact that she has some money in a joint account doesn't mean she has enough money to pay the debt in full. People get into financial binds all the time--it doesn't necessarily make them irresponsible dead beats as you seem to be assuming.

Beth Ann, next time you need a flogging from someone, you know who to turn to--IAAL seems to be a pro at criticizing without provocation and without knowing the entire story. If you want to contact me directly, send an email to H e l e n T 7 0 at a o l . c o m (without spaces). Since they have put a lien on your home, they probably do have a judgment. If you don't know about it, you should find out. If you were not served, you could possibly have it vacated. You can get your credit report online for free. Go to www.annualcreditreport.com and follow instructions. You can get any of the three reports for free instantly. I suggest TransUnion as it seems that most creditors report to them more than the other two.

HT

 

[ablessin]

slack

jesus - cut Beth some damn slack - she has obviously "learned a lesson"


Look - - I live in New York and I have been there...... They can put a freeze on your checking account, no matter how many names are on it.
When my account was frozen about 18 months ago, they froze my son's savings account - NOW - they did not touch the funds in there, because I told them, that is my SON's savings account.

Now - you have some things to do - - if the 2nd person (your husband?) can prove (with paystubs) that that is his $ they should probably not be able to take it, since the debt is only yours. I am not 100% sure on that - the whole "married debt" thing.

Since they have not frozen your account as of yet, you do have the option of cancelling your employer direct deposit into that account so that if and when the judgement goes through there is no money to freeze - you'll maintain access to your whole paycheck. However, until the debt is paid off to them, you're not going to be able to open a new bank account (at that bank or anywhere else) - you'll have to pay your bills with money orders.

Good luck to you, oh and by the way - when you DO pay the debt - GET A LETTER from them saying so and keep it........ you'll need to forward a copy to each of the 3 credit reporting agencies.... remember keep all papers and IF you communicate on the phone, get names - BUT any "deals" must be backed up ON PAPER by THEM!!!!!!!!!!!!!!!!!!!!!

 

[Beth Ann H]

Thank You for the advice. I will probably just take my name off of the account.

 

[ablessin]

That is a good idea..... then at least your husband can pay bills with checks.

I didn't even think of that (duh)

Good luck

 

[Vote4Pedro]

You may have exemption rights

Beth Ann,
In Illinois, there are exemption rights, which means a certain amount of your money/property/etc. is exempt from judgment collection.
In Illinois, you can claim the following as an exemption:
$1200 in any one automobile (if your car isn't worth more than you owe, then it's exempt unless you defaulted on the car loan)
$2000 WILD CARD exemption (you can claim up to $2000 exemption for any property--including money in your bank accounts)
$7500 homestead exemption ($15,000 if you're married and share a house) - if you don't have that much equity in the house, then the equity you do have is exempt from collection.

Also, child support, maintenance, Social Security Income, medicare, etc. is exempt. You just have to be able to prove that these funds are the only funds in your accounts.

I don't know if there are similar laws in Pennsylvania, but I would check. That way, you might not have to close your bank accounts. If they freeze it, you can claim your exemption if that's allowed in Pennsylvania. Check with an attorney, a state legal website, or the courthouse in your county. Someone there should be able to help. You might even be able to talk to somene at your bank.

Good luck,
HT

 

[I AM ALWAYS LIABLE]

Thank You for the advice. I will probably just take my name off of the account.

My response:

Water always finds it's own level, and deadbeats always look for the easy way out.

Eventually, it won't work - - as has already been demonstrated with the creditor placing a lien on your home. You took the easy way out, and look what happened.

This woman doesn't understand the rest of your posts, which is why she wrote what she did, above. It's too much of a bother to understand, to do things correctly, or to pay her bills.

IAAL

 

[ablessin]

bills

I would imagine that her intent is to pay her debt.

However, one would like to have access to funds so that everything else doesn't fall behind in the mean time!!

That would just make matters worse.

We all make mistakes, **** happens and it takes a long time to clean things back up and get yourself in good standing.

Even good people with the best of intentions experiences bumps in the road.

 

[dlbennett620]

Why is it that some people who are in these forums don't realize that they should follow by the old adage of "If you don't have anything nice to say to someone, don't say anything at all."

I am sure Beth Ann has the best of intentions and as ablessin mentioned, we all make mistakes and it does take a long time to clear them up.

Beth Ann don't pay attention to the negative people in this forum or elsewhere. Good luck!

Diane

 

[ablessin]

thanks

Thanks, Diane - I am glad that I am not the only person with a little compassion.
Crap happens - - -I always was prompt in paying my bills and when my ex and I split up things became very difficult and I fell behind.
I called a credit counseling service because I didn't want to file BK. I wanted to eventually make good on my debts.

5 years later I am still plugging away and almost done and it feels good!