When credit card companies file a lawsuit against you do they stall sometimes?

Asked about 2 years ago - Frisco, TX

I found out that a lawsuit was filed by accident on my wife. She has a credit card she didn't pay and the suit says pre judgment citation. So what I am wonder is do the plaintiffs sometimes delay the actual suit being served to try and find bank accounts to seize? If that is the case and I have closed the accounts how long do they usually wait to continue? Actually I didn't close the accounts I just left balances of 5 to 25 dollars in each of the six accounts that we have.

Attorney answers (2)

  1. Joseph Wrobel

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . There can be no seizure of bank accounts until such time as there has been court determination that the money alleged that is due is in fact owed to the credit card company. This is known as a judgment. Once a judgment has been entered, then bank accounts can be seized and wages can be garnished.

    Please be advised that the advice to you herein does NOT establish an attorney client relationship and that our... more
  2. Mitchell Paul Goldstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes, but not for the reasons you state. Some creditors are trying to find the debtor. Some are trying to build a case. Some just need more time. However, they don't delay to find assets. They cannot touch assets unless they get a judgment. They need a judge to say that someone owes them money before they can use the courts to get that money.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice.... more

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