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I hope someone can help me. I have a civil suit against me from Capital One (valid debt). The suit went to judgment and I had made payment arrangements with their legal representative to make payments ($25.00) a week. My husband is the only one with income, so when his work slowed down, I missed three payments. I called them to let them know of my situation and said I would send a payment as soon as I had funds available. The rep. said she would note the account but that I was breaking my commitment.

Now, my huband received some money for disability compensation since he was injured at work. He put some in our joint account to help with bills and necessities. That account is now frozen. I have not received any notice that they were going to do this.

Okay, here are my questions. Since that money is not wages, can they do this? What will happen if I don't do anything? I have all the paperwork to file for an exemption (confusing), but what are the chances of having the freeze removed?

I cannot afford legal representation, plus I have two small children I bring with me everywhere I go.

Any advice would be truly appreciated.




I'm pretty sure they cannot freeze a joint account; that is unless the judgement is issued against both of you.

But you should try and get that judgement vacated. Did you appear in court to fight it? Or did you arrange to a payment agreement during the court date?

If you arranged the payment plan during the court date and the collector did not enter any evidence the debt is yours, you can probably get it thrown out since I think this would be called a "void jugement."

Anyway, by the time you got to court, you should have had the chance to have this debt validated. Even if you pay it off, the low life debt buyer can simply turn around and resell it at a later date even if you paid them off.

The key is to try and get the judgement thrown out with predjudice and then try and sue the debt collector for FDCRA violations. I'm pretty sure they cannot produce the needed proof they are party to "injury" cause by your alledged debt. This is why they give you the chance to make payment to them instead you should have had this debt validated during the discovery phase of their suit against you.

I'm no lawyer but I've been fighting some debt collectors too and have been successfull so far.

Google "beating up debt collectors" and download and read to get an idea that beating them is not only possible, but winnable.

The only sticking point now is that you have made payment to them and now you have a track record of admiting you owe them the debt. But if the original judgement can be thrown out (appealled) for lack of evidence, you have a good chance to beat them.

Also, look in your town for legal help. Sometimes there are non-profits that can help you out but you must look for them as all cities and towns have different programs.

Sub: #1 posted on Thu, 07/31/2008 - 10:50

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A joint account CAN BE attached. You can talk with the bank manager and if you can prove that the funds are from disability or that the funds are yours, then they might unfreeze the account. I would suggest opening an account with another bank and don't give your banking information (including sending a check) to anyone.

Sub: #2 posted on Thu, 07/31/2008 - 11:02

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Thank you Nestor and Guest. Yes, this debt is valid and it is only against myself. I highly doubt the court would void the judgement. I did not submit an answer to the summons (I think?), so the suit went to judgement in favor of the CC. There wasn't a set court date when I made payment arrangements.

We have proof that the monies deposited are from disability (check stub) and that payment was only made out to my husband. The order to freeze the account came from the sherriff so I don't think the bank manager can do anything.

Both pre-paid legal and the clerk at the sherriff's office recommended that I fill out "exemptions from the enforcement of judgements" paperwork. The paperwork will go to Cap. One and if they do not agree with my reasons, I will have to go to court.

Is there anyone out there who has had experience with this?

Thank you.

Sub: #3 posted on Thu, 07/31/2008 - 13:39

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Okay, so now I have heard that I may be able to apply for financial hardship through the Franchise Tax Board since I have children. Has anyone heard of this? Where can I get more information?

My husband can file a 3rd party exemption for the money in the bank since there is proof it is disability money. I really hope we can get it back.

BTW, the CA already withdrew money from the account. I was supposed to have 15 days to file any paperwork in which they are not supposed touch any funds. Will they give that money back?

Sub: #4 posted on Thu, 08/07/2008 - 09:12

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first, I want to clarify this--the debt was solely yours, and they sued only you, is this correct? If that's the case, what state do you live in? Most states are not 'community property' states....this is important because in a community property state they can legally go after his money for your debt. If you dont live in a CP state then it doesnt matter whether his money was from wages or not, they arent legally allowed to take his $$$ for your debt in that case.

What state did all of this take place in?

Sub: #5 posted on Thu, 08/07/2008 - 09:33

skydivr7673 skydivr7673
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(Posts: 2037 | Credits: 579.66)

I'm in California.

Sub: #6 posted on Thu, 08/07/2008 - 09:45

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