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Collections Law/Bank freeze in Ohio

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Expert: Creditwrench - 7/23/2009


Question
Hello,
We had a default judgement entered against us for a car. I was wondering how long it usually takes a company to place a freeze on your checking account once they find out what bank it is located at and also how much of the funds can they remove? This is my husbands account and it has his check from direct deposit. Can they take the whole check and also how long will the freeze last? Thanks so much!

Answer

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How long it will take is anybody's guess. Once they freeze the account they take any and all money in the account. Your husband needs to tell his employer he wants to be paid by paper check. By law they cannot refuse his request. Then he needs to cash his check and not put any of the money in any bank account they can find. If there is any money in the checking account take it all out but maybe $5 or $10. It is also entirely possible to completely protect his wages in such a way that it will be impossible for them to garnish anything if he hurries up and does it before their garnishment is put in place. Once they get the garnishment in place it will be too late to do anything about it. And what about your vehicles now? Are they free and clear? In some cases they can take your vehicles too if you have more than one. There is also a limit as to how much a vehicle can be worth before they can take it. Each state has different laws on that but I've see states where they can take any vehicle worth more than a certain amount. Some states it is as low as $500 and others more. But that means you can only own an old clunker unless the vehicle is worth less than any lien that is on it from a lender.

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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