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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33730
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My son back in 2006 returned a lease truck. Unfortunately a

Customer Question

My son back in 2006 returned a lease truck. Unfortunately a driver had hit him and the man in fault didn't report the accident so my son instead of having his insurance repair it just turned it back in. Well last week my son's two checking accounts became frozen and the back said there is a suit against it for $49,999. Apparently the suit was placed in 2011 and I guess Eric had ignored it. The amount of the suit is around $17,000. Between the two frozen accounts he only had about $1500.00. He had called the lawyer involved but he said he would get back with him. He has a negative in his accounts and can't pay anybody anything. I thought about maybe he can open another account under his son's name so he can pay bill. My question is (How can they get away with this? There are other debtors that he pays out of his account and they have a right to get their moneys as well. Should we hire a lawyer?
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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My question is (How can they get away with this? There are other debtors that he pays out of his account and they have a right to get their moneys as well. Should we hire a lawyer?

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They are able to do this because they obtained a legal court judgment against son that gives them the right to levy on any bank accounts with a writ and seize any funds in the account to go towards the debt. If they had a judgment back in 2011, then they have an unpaid judgment that they have the right to collect on for 10 years after it was issued.

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So they have priority over other creditors to get paid since they have a judgment and a garnishment order from the court.

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To be honest, hiring a lawyer would be a waste of money since what they are doing is legally allowed.

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Son can close down that account and open another one at a different bank and that would throw them off his trail for a while. But they could force him to come to court and disclose what assets he had and any bank accounts with a "debtor's information examination". They could then come after those accounts. He could then close them, open up new ones and continue this on indefinitely until the statue of limitations expired for them to collect on the judgment.

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thanks

Barrister

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