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    freezing bank account

    regarding getting judgement and freezing bank account, i only have exempt income going into the account, a small va pension, if they freeze the account, is that what is actually done? i mean, no more direct deposits will be allowed in. i guess what i am asking is once its frozen, the bank should reject my direct deposit and when sent back to va they would issue me paper checks . also what would be the process of getting any money back that is in the acct? who do i show the papers regarding va pension to get it unfrozen? i dont leave much in there at all, but a judgement creditor told me they can freeze a account in about 17 days of which i stupidly started to pay him but quit, so i expect it to happen soon. i had one bank account frozen because they found out i used the debit card for gambling online so they froze account and woulnt let ANYTHING in or out until it was closed. i had to ask them to manually override and let the direct deposit come through so i could close it.

    #2
    Were I you, I'd get myself on record that the funds in the account are from exempt sources. Send a letter {CRRR} to the judgment creditor stating that fact and tell them any attempt at a levy or garnishment will be a violation of the Fair Debt Collection Pratices Act and you will sue them.
    I'd also change banks tommorow morning.

    Fair Debt Collection Practices Act As amended by Public Law 111-203, title X, 124 Stat.


    From 807:
    ) The threat to take any action that cannot legally be taken or that is not intended to be taken.

    A good site that deals with stuff like this is, www.creditinfocenter.com

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      #3
      When my account was garnished, they still let my direct deposit go in, and I could still deposit and write checks. The garnishment is a one time thing, where they take all the money in the account. Then in order to get more money, they have to get another garnishment order. It's not like it's frozen and can't be used at all.
      Filed Chapter 7 - July 12, 2007
      341 meeting - Sept 10, 2007

      DISCHARGED - 12/05/2007

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        #4
        Usually they just clean it out. Sometimes they take more than they should have by adding trumped up fees. The best thing to do is have the VA stop the direct deposit until you feel safe starting it again.

        Sending them a letter won't do any good. You have to prove that the money they took was from an exempt source. If they haven't taken anything yet there's nothing to prove. I know that sucks but it's the way it is. There's just no way to prove anything until it actually happens. You may get lucky and get served before they take anything, at which point you can identify it as exempt to the judge. But, it seems these collectors have a way of getting into folks accounts before they know what hit them. I've heard of this happening but haven't heard of how the collectors are actually pulling it off, without the account owners knowledge. Maybe someone can explain how this happens.

        I had my military pension set up direct deposit and just put a stop on it until all the smoke clears.
        Last edited by jp2861; 11-08-2007, 10:47 PM.

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