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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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A writ was places on my car loan account with me and my boyfriend

Customer Question

A writ was places on my car loan account with me and my boyfriend on it. He called me when he was about to pay on the loan and he said a writ was on the account. In saying they have me the creditor or debit collector, I was not served unless the sent it to a previous adress and that account has been off my credit report for the past 2 years. What am I to do
Submitted: 4 years ago.
Category: Legal
Expert:  Dave Kennett replied 4 years ago.
Do you know if there is a judgment filed against you?
Could this be a judgment against your boyfriend and not you?
I assume the account you are referring to is some type of checking or savings account that you have set up for automatic payments for your car loan?
Customer: replied 4 years ago.
Relist: Incomplete answer.
He didn't answer the question. What am I suppose to do since he asked me a question.
Expert:  Dave Kennett replied 4 years ago.
I'm trying to answer your question but I needed some information to do so. I will opt out and allow the other experts to review your facts to see if they can answer the question.
Customer: replied 4 years ago.
I'm not sure if a judgement was entered against me because I never received anything. There is nothing on my credit about the debitor, and an hold was placed on the checking account that doesn't have money in it, but he pays his car loan threw it. And the said my name not my boyfriends
Expert:  Dave Kennett replied 4 years ago.
Dear JACUSTOMER - It would appear that there is a judgment against you for some past account that you had. Many times these are from old credit cards or other charge accounts. In order to get a judgment the creditor must file a suit. So if this is against you and not your boyfriend it has to be as a result of a suit that was filed and a judgment that was obtained. This could have occurred several years ago since a judgment is good for many years and the only way to find out exactly what has occurred is to check the court records where the suit was filed. Calling the collection attorney is not going to do any good since they have their judgment and have attached your account and all they care about is getting the money, not working with you. The writ at the bank should contain the case number and the name of the court where the writ was filed. You will need to check with the clerk of courts to see who filed the judgment, when it was filed and how the court records show you were served. Once you have all that information you will need to determine if the judgment is from someone you recognize as a former creditor to see if this is a valid debt. If it is not then you will need to file a motion to vacate the judgment based on an error in identity or due to the fact you were never served. If the debt is from someone you recognize then you will have to provide some evidence of a defense to the debt in order to have the judgment vacated. Until you get the details of the suit and judgment there is nothing you can do with respect to your bank account since the bank is under a court order to hold your funds.If the judgment is against your boyfriend then he would have to check to see the identity of the creditor and do the same things I described above. Until you know who filed the writ and for what purpose there is nothing you can do to get the funds released by the bank.