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If your wife found out that her bank checking account had been frozen but the bank won't or does not know why and the bank's law firm does not know and there is no tax lien what can you do?
Wiki User
∙ 12y ago
There is obviously a great deal of confusion here, to say the least. The bank has to know why the account was frozen, as it is not an action that can be done arbitrarily but requires a court order. This usually pertains to a lawsuit having been won against the involved party and a judgment awarded which was executed as a bank account levy (garnishment). In unusual situations an account can be frozen before a lawsuit is heard, but the circumstances must be deemed applicable according to state laws. If the account holder also has a loan with the bank, the bank can use a set off action to remove funds from the person's account to satisfy the debt. If none of this applies then the bank may have committed a grievious error against the customer and should be held accountable.
AnswerMost likely there has been a civil judgment against her from probably a collector. She should get a copy of the judgment in the mail from both the bank and the collector within a few days. She needs to act fast because she has a right to file a claim of exemption or motion to set the judgment aside. Depending on which state, it could be as little as 10 days from the date of the levy that she has to file--not business days either! She should have a paper included with the copy of the judgment with all the exemptions available to the judgment. The plaintiff then has to respond to the motion or else it will be set aside. Most likely, if they went to the trouble of getting a judgment, they will proceed and still try to maintain the judgment. You need to file a motion and declaration to set aside with your reasons such as, not served properly, debt is not hers, etc. and then the specifics in the declaration part. I'm going through the same thing right now.Wiki User
∙ 12y ago
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