ACCIDENT SETTLEMENT MONEY BEING GARNISHED...HELP

Asked over 3 years ago - Port Jefferson, NY

SO WHEN I WAS 18 I TOOK A CARD OUT BEING FOOLISHED AND YOUNG I LET MY XBOYFRIEND USE IT WHICH TOTALLY LEFT ME OVER THE BALANCE WITH FEES AND I JUST COULDNT KEEP UP OR PAY...I COMPLETELY LET IT GO...I AM 24 NOW TURNING 25 ITS BEEN ALMOST 7 YEARS LATER AND CAPITAL ONE FROZE MY ACCOUNT AND ARE TRYING TO GET APPROVAL TO TAKE MONEY FROM THE ACCOUNT. ONLY THING IS THE MONEY I HAVE IN MY ACCOUNT IS FROM A CHECK I DEPOSITED WHICH WAS THE SETTLEMENT RESULT FROM AN ACCIDENT INJURY SETTLEMENT. IS IT LEGAL FOR THEM TO TAKE THAT....AND IF THEY DO CAN I GET IT BACK? I DONT REALLY KNOW MUCH ON THESE THINGS. PLEASE HELP

Attorney answers (1)

  1. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . Is your bank account with Capital 1 or with another institution? If your account is with Capital 1, they are freezing your account through a process referred to as a "set off."

    If your bank account isn't with Capital 1, your account has probably been attached as a result of a court judgment. If the money in your account is considered exempt under state law, you can unfreeze the money by filing a claim of exemption with the court that issued the judgment. But the money being exempt is a big IF! To see if the proceeds of a personal injury suit are protected from creditors as exempt property, you will need to review state laws. Most states post their laws on the state website, so I would start by looking there too see if you have any protection.

    Another option that may be available to you is to contact the court that issued the judgment to have the judgment "set aside." This is neither a simple nor an easy thing to do, so I would recommend getting an experienced litigation attorney to represent you.

    Unfortunately, being young & foolish is not a defense to a collection action. Hope this perspective helps!

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