our bank account was frozen,since my name was on it, from a court order against me on personal law suit from 2nd mortgage. All deposits in the account are my husbands. how do i ge this unfrozen? His name was not on the bill or orders against me.
Criminal Defense Attorney
I would highly recommend you hire an attorney to assist you with this. What is necessary is to have a Judge order the account unfrozen. The easiest way would be to discuss what you have written with the law firm that represents the creditor who has frozen your account.
This issue will not likely go away and as such, if your husband is truly not on any of these loan and judgement documents, than unless and until this issue is resolved, it will be easiest for him to open a new bank account, perhaps even at another bank and have his money direct deposited there. So long as you are on any account with him, that money can be viewed as your money and thus usable to pay toward the debt for which you have a judgement.
This answer is marginal legal advice and does not constitute an attorney-client relationship. Every client and case is unique. The best advice is to always consult with an attorney. Free legal resources at www.ZippToCourt.com
Under Illinois law, when there is a joint account and one of the joint owners is a judgment debtor, the presumption is that all funds are the judgment debtor’s. This presumption can be rebutted; your husband would need to appear and show that all of the money in the account really belongs to him, and therefore the citation served upon the bank should be dismissed and the freeze lifted. I would suggest that you contact the judgment creditor (or its attorney) if you have not already done so and apprise them of the situation and perhaps send them relevant documentation. Good luck!
Robert T. Kuehl
Kuehl Law, P.C.