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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10213
Experience:  Civil litigation attorney for individuals and businesses.
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A civil judgement its about five years old im disabled i live

Customer Question

a civil judgement its about five years old im disabled i live in oklahoma what can they do can they freeze my bank account if i had one what action can they take for collecting it
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. I know the lawyer has information that can help. Have you consulted a lawyer yet?
Customer: no
JA: Please give me a bit more information, so we can help you best.
Customer: like what
JA: Is there anything else the Lawyer should be aware of?
Customer: im disabled i just opened a small bank account to pay bills out of i dont know what else to say
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Submitted: 5 months ago.
Category: Legal
Expert:  CalAttorney2 replied 5 months ago.
Dear Customer,I am sorry to learn of this situation. You likely qualify for an "undue hardship" exemption to collections.This link walks you through this exemption from collections and how to apply for one with the court that issued the judgment against you:
Customer: replied 5 months ago.
can they freeze my bank account and is the link good for oklahoma and can i file on line
Expert:  CalAttorney2 replied 5 months ago.
They may be able to freeze your account, but you would then be able to file a petition for "exemption" and unfreeze those funds prior to them actually taking them out of the account.(A bank levy is a 2 step process - they freeze the account, then the account holder/judgment debtor has an opportunity to file a claim of exemption; then, assuming that no exemption is granted, the funds are taken out of the account and transferred to the creditor).The link above is to the Oklahoma Legal Aid self help site.
Customer: replied 5 months ago.
so its best not to have any money in the bank right now and that link has the paper worki need
Expert:  CalAttorney2 replied 5 months ago.
I'm not sure how aggressive your creditor is - if you have a judgment that has been out for 5 years and you are only putting a small amount of money in, the likelihood of them both finding that money and going through the time and expense of filing a levy are not very high.But this is a call you will have to make.
Customer: replied 5 months ago.
Thank you what would you do if you was me
Expert:  CalAttorney2 replied 5 months ago.
Unfortunately I can't answer that question for you on this forum.(We are not permitted to provide formal legal advice or strategy instruction on this site - that is considered the practice of law, we are limited to general legal information and educational information).But the risk you are weighing is identified above:-You have a small account that is in an account the creditor probably doesn't know about, although they could find out if they went to the trouble of doing a debtor's exam (if you don't know what that is, it usually means that the creditor isn't pushing to enforce this claim very hard).-Against this, you would be risking placing a small amount of money that may be frozen if the creditor does decide to levy the account, and you will be forced to go through the petition procedure. (Knowing how much you are depositing may help with determining your risk).
Customer: replied 5 months ago.
how do they find a persons bank account
Expert:  CalAttorney2 replied 5 months ago.
Usually with a "debtor's exam" (issue a court order, and require you to come to court and answer questions about your assets and income under oath).But sometimes they will do what is called a "skip trace" and try to find information that way, but it is fairly unreliable and not very useful.
Customer: replied 5 months ago.
Thank you any thing else you can tell me that maybe i forgot to ask you about
Expert:  CalAttorney2 replied 5 months ago.
You are welcome, and I do wish you the best with this matter.The link to the Oklahoma Legal Aid site is probably going to be your best (easiest to access) resource for taking action from here. (Although you can usually get additional help at your court's self help site or your local law library).Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.Thank you again, and again I wish you the best.Bill