frozen bank account, help

[chillinjoan]

My account was put on a Legal Hold yesterday without notice. Actually, I got letters but threw them away because they are from an account my deceased husband charged up without my knowledge, then died. I was told by the CC co. that I was excused from paying them. I didn't start getting letters till recently, really, 8yrs later, wow.

I live on disability and SS for 2 kids. I have no money, none, zip. I have prescriptions to fill tomorrow.

I am still in a state of shock. I pay all my bills on time and have always my entire life. There isn't any money after bills to make a payment unless they will take a couple of bucks.

what does a person do?

[treehugger1]

In order for there to be a bank levy, there must have been legal action against you or your late husband. Such an action is generally known as a judgment. Unfortunately, there are as many possible opinions/solutions as there are states. Each state has their own statutes and rules of procedure. If all the money in your bank account was from SS and disability, then such funds are generally exempt from seizure. Have you received any challenge to garnishment papers? If so, you can most likely exempt your SS and disability. You might want to see if you can find a low-cost attorney in your area to help you. Otherwise, you need ot start researching your state laws for civil suits, judgments, garnishments, bank attachments, etc.

[WhatMoney]

My account was put on a Legal Hold yesterday without notice. Actually, I got letters but threw them away because they are from an account my deceased husband charged up without my knowledge, then died. I was told by the CC co. that I was excused from paying them. I didn't start getting letters till recently, really, 8yrs later, wow.

I live on disability and SS for 2 kids. I have no money, none, zip. I have prescriptions to fill tomorrow.

I am still in a state of shock. I pay all my bills on time and have always my entire life. There isn't any money after bills to make a payment unless they will take a couple of bucks.

what does a person do?

First go to the bank and explain that your funds are all SS and are exempt. Then point out that you are not your husband, and you are not responsible for his debts after he died. Talk to the bank manager - don't waste your time on the hourly kids who only know how to open checking accounts.

Second, since you are legally unsophisticated and totally exempt from any lawsuit, I would call your county or state legal aid offices and explain what happened. Be sure they know you cannot feed your children or purchase prescription drugs because a junk debt collector illegally froze your account on an 8 year old debt that didn't belong to you. Generally cases like yours are given priority - including calling the attorneys and banks and pointing out they have both violated State and Federal laws.

It's not clear why your account was levied. Did you have your husband's name on the account (joint account) and never closed it or informed the bank when he died?

Good luck - but don't waste any time - you generally have about 10 days before your money is turned over to the the scumbag that illegally seized your account.

[ryan]

To add to what Whatmoney said, there will usually be a court hearing within a few weeks of the levy, when the judge will rule on whether to release the bank frozen funds to the creditor/junk debt buyer. You or your atty really needs to be at the hearing and bring the evidence of the exempt funds etc.