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How can i get bank account unfrozen?

Philadelphia, PA |

I owe the money and i want to pay it but the money in account is for my living expenses.i asked the attorney if i could make payments but they won't make a deal with me.is there anything i can do.its over a month already and im a month behind on my rent and other bills.now my income tax retun went in.can i access any money that was deposited after the date of original date of writ?

Attorney Answers 3

Posted

You haven't said why the account was frozen, but my guess is that a lawsuit was filed against you & now the creditor has a court judgment. Had you dealt with this debt before the creditor got a choke hold on you, maybe you could have made a deal. Now, you have no leverage to resolve this matter other than to try & make the creditor feel sorry for you. That's not likely to work.

If you continue to deposit money into this account, it will be more money for the creditor, and you won't be able to access any of this. So go somewhere else & open an account to deposit your pay & your tax refund.

You may be able to claim an exemption to keep part of the money in your account based on state laws, called exemptions & I am posting a link to info about these laws.

Hope this perspective helps!

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Posted

First of all, DON'T PUT ANYMORE MONEY IN THIS ACCOUNT! All money in this account will be release to your creditor except for the $300 exemption in PA if you claim it. If you have more in the account than you owe, you will get the difference and the debt will be paid off. Otherwise they will get all of your money (except the $300 if you claim it by filing a claim for exemption) and you will still owe the balance to them even after the levy is released. Consult a local attorney immediately and don't deposit any more money into that account.

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1 comment

Charles Laputka

Charles Laputka

Posted

Forgot to mention that a bankruptcy filed immediately may free up that money as well but you need to act VERY fast for that to be of assistance.

Posted

I agree with the earlier recommendation to not use the account anymore. Deal in cash until you can clear this issue. Unfortunately this may result in you either a) Pay off the amount the judgment was for so that the attorney for your creditor can tell the court officer to release the account or b) File a bankruptcy immediately (and then that may take a bit of time depending upon who your account is with and if the creditor has received court permission for those monies in your account to be turned over to them). Please sit down with an attorney as soon as you are able.

Please note this is to be considered general information and not legal advice about any particular situation. The answering of any question does not create an attorney client relationship and does not make the answer given here specific legal advice. If you wish to obtain legal advice; then please do consult an attorney with your issue. I am an attorney licensed in New Jersey and Pennsylvania. In handling bankruptcy, and helping individuals seek relief under the bankruptcy code, my practice has proudly been deemed a debt relief agency.

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