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Can attorney still file emergency hearing if we make car payment to un-freeze bank account?

Goose Creek, SC |
Filed under: Car loan

Husband's ex-wife refuses to pay her car payment, which is still attached to his name because she cannot transfer the title and loan to her name alone. (per divorce decree, car is supposed to be her responsibility alone) Until car payment is made, my deployed husband's bank accounts are frozen, but we have 3 children needing groceries (and rent!). Can our attorney still file for an emergency hearing if we make the car payment so we can access the funds for much needed groceries?

Attorney Answers 3


  1. More information about how, by whom, and why your husband's bank accounts are frozen is necessary to address this question. If you already have an attorney, you should direct this question to your lawyer. If you have no lawyer, you should consult one promptly. Since your husband is apparently in the military service, it might be helpful to consult with a lawyer who deals with military law as there may be special rules applicable to active service members who are on deployment. Also, there may be certain sources of temporary assistance for you and your family through your husband's command while this matter gets sorted out. This sounds like a serious problem for you, and I wish you good luck. Don't delay in consulting with an attorney.

    This response does not create an attorney client relationship, and is for general information purposes only. You should promptly contact an attorney in your area to ascertain your legal rights.


  2. You may not be able to get an emergency hearing but the bank that froze your husband's bank account may be violating the law. If your husband is on active duty and is deployed overseas then the bank should not be able to sue your husband which is what would have had to happen to freeze your bank accounts. I suggest speaking with an attorney right away.

    This response is for informational purposes only and is not intended to convey detailed legal advice on any specific issue. Transmission of the information contained in this response is not intended to create, and receipt does not constitute, an attorney-client relationship. The Law Office of John A. Jackson only practices law where properly authorized to do so and does not seek to represent anyone in any other jurisdiction. This site does not make use of any secure encryption technology, and any transmissions to the Law Office of John A. Jackson may be intercepted by third-parties. DO NOT send us any information that you regard as privileged or confidential. John A. Jackson is licensed to practice law in the State of South Carolina. You should not act upon the information contained herein without first seeking the advice of an attorney licensed to practice in your area.


  3. Who is the loan company that obtained the freeze on your bank account? A freeze cannot be put on a bank account without a judgment. Additionally, as your husband is currently deployed, he cannot be sued nor can a judgment be entered against him. You may want to contact the loan company and bank and demand that the account be unfrozen. If they refuse, you should contact an attorney.

    Any information provided is simply based on a review of the information provided by the question. This answer does not constitute formation of an attorney client relationship.

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