My roommate and I were living in a residence and right after the first move in date after paying my half of the deposit my supposed roommates bailed on me and moved out of state leaving me to pay the remaining balance and the following months rent which would have come to a total of $3600, I explained to my landlord about my roommate bailing on me and both of our names were on the lease. She worked with me for a little while but I just couldn't get caught up with the payments causing me to go into a eviction process, I still kept open communication with my landlord but it wasn't enough and I definitely understood they had Bill's to cover as well, needless to say I was evicted and had to vacate the premises by a sheriff. About a month later I had funds go into my Fidelity account in which I also have stock, 401k, and my standard checking but they brought to my attention that the Broward county sheriff dept. Has a lien or hold on my account where i cant take put any funds and would have to call, I'm currently no longer in the state FL and cant get steady information when I call on what to do, I researched vacating the judgement and also even making payments which I'm willing to do.
The proper way for a creditor to levy a bank account or other deposit account is through a garnishment. You need to speak with an attorney who practices garnishment defense (debt defense lawyers, some bankruptcy lawyers) to get advice and possible representation. It would be somewhat odd if the account was frozen in an action other than garnishment although it does happen sometimes.
The timelines are short and strict, and its not a DIY project.
Hope this helps.
This is NOT a banking law problem; it falls under the heading of "Landlord & Tenant Law."
ANSWER: Because you were evicted by the Broward County Sheriff it is very likely that you still owe the Sheriff some amount of money to reimburse costs and expenses the sheriff paid to have you evicted.
The Sheriff is NOT trying to collect any back rent for the landlord; that is not what he is being paid for. However, the Sheriff is certainly entitled to collect all money the Sheriff had to pay to evict you; and they will make your life miserable if you do not pay it. Tell the bank to give the money in your account, and then make arrangements to pay whatever else you owe to the Sheriff.
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