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starronda
Posts: 51
Registered: ‎09-13-2010

Judgment/ Frozen Bank Account.Please help!

On December 14th, I was about to make a purchase and was told my transaction was declined. When I got home I called Chase and was told that my account has been levied.  To make a VERY long story short:

 

In 1999 my best friend put a DVD player on her Circuit City credit card for $200. I have to admit that I only paid half of it back to her.  We stopped being friends months later (due to other reasons). She works for the courthouse, and I was told I was being sued by her, this was in 2002. During this time I was going through a Bankruptcy which was discharged in October 2002.  I sent a copy of this discharge letter to the court Officer like I was stated to do. That was the last I heard of this issue.

 

So today, 8 years later my bank account is frozen. I called the courts and was told to send in my Bankruptcy discharge paper and also a request for a court date. (I also found out that the court officer has the wrong address for me in the system).

 

So I got a court date for next month (January 14th). Is my money just gone at this point or is there anything I can do?  I don't want anything posting on my credit report and their now asking for $1,700 from a $200 DVD player. Any advice would be greatly appreciated!

Valued Contributor
JM-AM
Posts: 3,303
Registered: ‎06-09-2010

Re: Judgment/ Frozen Bank Account.Please help!

 


starronda wrote:

On December 14th, I was about to make a purchase and was told my transaction was declined. When I got home I called Chase and was told that my account has been levied.  To make a VERY long story short:

 

In 1999 my best friend put a DVD player on her Circuit City credit card for $200. I have to admit that I only paid half of it back to her.  We stopped being friends months later (due to other reasons). She works for the courthouse, and I was told I was being sued by her, this was in 2002. During this time I was going through a Bankruptcy which was discharged in October 2002.  I sent a copy of this discharge letter to the court Officer like I was stated to do. That was the last I heard of this issue.

 

So today, 8 years later my bank account is frozen. I called the courts and was told to send in my Bankruptcy discharge paper and also a request for a court date. (I also found out that the court officer has the wrong address for me in the system).

 

So I got a court date for next month (January 14th). Is my money just gone at this point or is there anything I can do?  I don't want anything posting on my credit report and their now asking for $1,700 from a $200 DVD player. Any advice would be greatly appreciated!


I am really no help as I have not had any experience with this or know anyone who has. IMO i believe you would need to seek legal advice for the proper answers. Wish you luck.

 

Good Luck
May all your dreams and wishes become a reality!
Moderator Emeritus
MarineVietVet
Posts: 14,084
Registered: ‎07-14-2009

Re: Judgment/ Frozen Bank Account.Please help!


JM-AM wrote:

 



I am really no help as I have not had any experience with this or know anyone who has. IMO i believe you would need to seek legal advice for the proper answers. Wish you luck.

 


I agree. While these forums are a wonderful source of information and advice some things need to be looked at by professionals.

 

 

From a BK years ago to:
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Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: Judgment/ Frozen Bank Account.Please help!

+1

You need legal counsel.

Senior Contributor
O6
Posts: 3,626
Registered: ‎10-13-2009

Re: Judgment/ Frozen Bank Account.Please help!


starronda wrote:

On December 14th, I was about to make a purchase and was told my transaction was declined. When I got home I called Chase and was told that my account has been levied.  To make a VERY long story short:

 

In 1999 my best friend put a DVD player on her Circuit City credit card for $200. I have to admit that I only paid half of it back to her.  We stopped being friends months later (due to other reasons). She works for the courthouse, and I was told I was being sued by her, this was in 2002. During this time I was going through a Bankruptcy which was discharged in October 2002.  I sent a copy of this discharge letter to the court Officer like I was stated to do. That was the last I heard of this issue.

 

So today, 8 years later my bank account is frozen. I called the courts and was told to send in my Bankruptcy discharge paper and also a request for a court date. (I also found out that the court officer has the wrong address for me in the system).

 

So I got a court date for next month (January 14th). Is my money just gone at this point or is there anything I can do?  I don't want anything posting on my credit report and their now asking for $1,700 from a $200 DVD player. Any advice would be greatly appreciated!


 

 

Get a copy of the judgment and supporting documentation and, in addition, copies of your Chapter 7 bankruptcy file.  Find out, specifically:

 

1.  When the lawsuit was filed against you;

2.  The Proof of Service showing how you were supposedly served;

3.  The date the judgment was rendered;

4.  The date you actually filed your Chapter 7;

5.  The date your Chapter 7 was discharged; and

6.  The schedule of creditors showing the inclusion / exclusion of the debt to your former friend.

 

 

Many times a person does not list a specific debt on the schedule of creditors and in some jurisdictions it can create a problem such as the one you are experiencing.  Each jurisdiction operates differently -- often very differently -- and in some the bankruptcy court judges view the law as stating that even non-scheduled debts are discharged as long as they pre-date the bankruptcy petition.  Others, however, hold that any omitted debts are nondischargeable and in such jurisdictions you will probably end up losing the money levied -- and possibly even more.

 

Even if you filed bankruptcy in a jurisdiction which holds omitted debts are dischargeable, you will find two main beliefs on how omitted debts should be handled.  For courts that follow the "equitable approach,"  barring a lack of "good faith," courts liberally allow a Chapter 7 case to be reopened to include the omitted debt.  If you file in suchh a jurisdiction, you will likely get the money levied returned to you ... eventually.  Other courts follow the "mechanical approach" in that they will not reopen your Chapter 7 case because they consider the debt to be already discharged and reopening the case would be redundant.  If you filed in such a jurisdiction, you may be better off getting your attorney to write the judgment creditor and the court which rendered the judgment with certified copies of your bankruptcy petition and discharge order.  You should then get your money returned to you as long as there are no objections from the judgment creditor, which would necessitate you having to file a motion to reopen your case in bankruptcy court.

 

If you did list the creditor on your bankruptcy petition, upon providing the court that issued the judgment a copy of your order of discharge they should vacate the judgment quash the order to attach your bank account and have the money returned to you.

 

I would act very, very quickly, though, since once the money taken from your bank account is handed over to the judgment creditor, you might find it extremely difficult to get your money back.

 

 

 

 

 

 

 

 

IAALBNYL

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