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

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.

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Attorney answers 2


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 firm does NOT represent you in any Bankruptcy matter.


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. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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