Saturday, January 5, 2013

What to Do When Your Bank Account Is Frozen

Sometimes, a person who owes money to another party will find that his bank account has been frozen. This can only happen if the debtor has had a civil judgment issued against him. Once his bank account has been frozen, the debtor will not be able to access it until the freeze order issued by the judge is lifted. However, there are a number of steps that the person can take to get the order lifted.

Contact the Bank

    When a person finds that her account is frozen, she should first contact the bank that manages her account. The bank will be able to provide information about the freeze, including its duration, the party who placed the freeze on her account, and her options in terms of depositing and withdrawing money. While the bank will likely not be able to overturn the freeze at the account holder's request, it may be able to provide her other solutions for accessing funds.

Contact the Creditor

    If the debtor is willing to negotiate with a creditor about the money he owes, he may wish to contact the creditor. If he and and the creditor can work out an arrangement in which the debtor either pays immediately -- in part or in full -- or agrees to pay over a period of time, the creditor may be willing to have the freeze listed. However, if the debtor cannot or does not want to pay the debt, he should avoid speaking with the creditor.

Contact the Judge

    If a person has already been in court regarding the debt for which the freeze has been issued, the person might wish to contact the judge hearing her case. The judge will be able to apprise the person of what actions will be necessary for her to undertake in order to have the freeze order lifted. The judge may also ask the person for reasons why the freeze order should not be in effect, perhaps allowing for a quick overturn of the freeze.

Contact an Attorney

    If the debtor can afford legal counsel, contacting an attorney experienced in debt lawsuits would be wise. The attorney will be able to provide the debtor legal advice, including advising him of his options as far as regaining access to his account. There are a number of state and federal laws that regulate the freezing of bank accounts. The lawyer may be able to appeal the freeze based on relevant laws that make it illegal.

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