Judgement against and bank account froze notice of judgement sent to wrong address

[brokenballer]

Didn`t make it to the court before the summons date and had judgment against. Knew it was coming but process server had wrong address on paperwork so when judgement was filed it didnt get a copy of it or I`d have cleared out the checking account. Am filing bankruptcy asap but any way to unfreeze or get back the money in the checking account ?
Thank you

[justbroke]

Quickest way may be to try to get the court which issued the levy to dismiss the case and withdraw the judgment. It could take a few weeks to get a bankruptcy filed with all the necessary paperwork... even with an emergency filing (skeleton filing).

[brokenballer]

how could I get them to dismiss the case ?

[justbroke]

how could I get them to dismiss the case ?

You would need to find out the process to vacate a judgment in the local courts. Your reason to reconsider the judgment -- and dismiss the case and void the judgment and writ of garnishment -- would be improper service.

Otherwise, you'd have to fight it i the Bankruptcy court by filing a Motion to Compel and/or a Motion to Vacate/Void Judgment.

[brokenballer]

Ok, thanks....I think I was served ok just the server incorrectly wrote down where I was served...partial address and wrong zip code. ??

[DesdemonaB]

You would need to find out the process to vacate a judgment in the local courts. Your reason to reconsider the judgment -- and dismiss the case and void the judgment and writ of garnishment -- would be improper service.

Otherwise, you'd have to fight it i the Bankruptcy court by filing a Motion to Compel and/or a Motion to Vacate/Void Judgment.

Improper service might not work here, OP stated "didn't make it court" - which means they were served, they knew they missed the court date but did not receive paperwork regarding the default judgment. In my state the notice of default does NOT have to be served and be first class mailed and the judgment orders cames from the court not the plaintiff, same with writ of garnishment - the OP needs to check their states' serve process requirements. So motion to vacate/void judgment would have to come after they receive an discharge.

To unfreeze, the OP needs to obtain a garnishment release which would be granted by filing BK, BUT that wouldn't be overnight - to have money return you must file within the 90 day window and you must have the ability to exempt the funds as the funds could become an asset of the BK estate.

Meanwhile research your states exemptions rules on garnishment - federal and state support funds (unemployment, child support, SSI etc.) are exempt from garnishment which means if funds from the account are "support" funds and you can prove it they must be returned, remove any direct deposits, watch out for your wages - even if you are in state that wages are exempt from garnishment the second they are deposited into a bank account they can be garnished. Basically start protecting future funds while you figure out what you are going to do going forward.

[brokenballer]

Talked to a Bk attorney today and he sounded like money was just gone....We are in Oregon...US Bank has frozen the $$ but it is still in the account ? I may be wrong but thought if I could file Bk quickly the money/freeze might be "lifted" ? If they had mailed the judgement to the correct address of course I`d have taken the $$ out of the bank right away !

[justbroke]

Ok, thanks....I think I was served ok just the server incorrectly wrote down where I was served...partial address and wrong zip code. ??

Oh, so you had ACTUAL service! That is not a defense at all. I incorrectly assumed, when you wrote that the service was to the wrong address, that you never received actual or constructive notice and didn't know until the account was frozen. That's a much different picture. The problem with the address would be call a scrivener's error and is one that is forgiven, especially since you had actual notice -- and not constructive notice.

Improper service might not work here, OP stated "didn't make it court" - which means they were served, they knew they missed the court date but did not receive paperwork regarding the default judgment.

Improper service would work if they had neither actual nor constructive notice. I incorrectly assumed, based on the first post, that the poster never received service. However, I will say that in this particular case, the debtor can't rest on service.

Talked to a Bk attorney today and he sounded like money was just gone....We are in Oregon...US Bank has frozen the $$ but it is still in the account ? I may be wrong but thought if I could file Bk quickly the money/freeze might be "lifted" ? If they had mailed the judgement to the correct address of course I`d have taken the $$ out of the bank right away !

For this type of bank levy (garnishment), the bank actually holds the funds for a certain period of time before distributing the money. In this way, you could file, with the local court that issued the writ, a declaration for any exemptions you may have, such as head of household.

The Bankruptcy won't "stop" a valid court order... it only "stays" the case -- meaning the other case can't progress. Depending on how much money this is and who it is owed to (secured versus unsecured creditor), the Trustee may try to claw it back anyhow for the benefit of the Bankruptcy Estate.

Desdemona gives excellent advice. You need to find what exemptions you may have for the money in that account. Otherwise, it will be gone in several weeks.

[brokenballer]

Thank you.....What is head of household ?