Tax refund!!!!

[dbryan6821]

It was definitely a creditor. We are still waiting on our attorney to finish our paperwork so we can sign it and hopefully put a stop to our "frozen" account.

[UpaCreekinCA]

If you have a judgment against you or anyone that is a signer on the account, the creditor or their attorney files a Writ of Execution which they can then take to the Sheriff and the Sheriff will serve it on the financial institution that has your money. They will take every penny up to the judgment amount. You typically have 10 days to do something about it before the bank sends it to the Sheriff for distribution. If you have filed, give a copy to the Sheriff officer working the case and they will notify the bank to release the funds back. If you file within a few days (what we did) then get a copy to the Sheriff and they should release it. Otherwise once the Sheriff sends the money along to the creditor I would consider it gone. There is a chance that your attorney can file BK for protection and then file a motion for a "Preference" because if you have 1 creditor out of say 7 that gets paid within 90 of filing the petition, the funds otherwise would have been split among all 7 creditors IF is was an asset case. If the cash is protected under exemptions (or say was your monthly paycheck for living expenses and the creditor hit it the say day) then in theory it should come back.

[addisonsmom]

I had read horror stories of this. We actually stopped our direct deposits at my husbands work. We cashed all his checks at Wal-Mart and paid all our bills with money orders. It is a pain in the neck, but I was scared of this happening. I am still paranoid even now we are in a Chapter 13. I am assured that they can't touch it now. We are just starting to use the checking account again, but I opened it with a bank we owed no money to.

[dbryan6821]

Just to update this we finally got our money back today! It took alot of paperwork and phone calls but we did it on our own. Thanks to everyone here for all the help.

[tobee43]

so glad to hear it!!!!!!!!!!!!!!!!