How could my brother unfreeze his bank account? 8 Answers as of August 25, 2015

My brother’s bank account was frozen 2 days ago for an old credit card bill. The last payment paid was about 2012. SOL is 3 years. He has a court date coming up. What could he do now to unfreeze his account? He has a mortgage and other bills to pay. Should he send a letter to the collection agency and advise them of SOL?

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Ronald K. Nims LLC | Ronald K. Nims
The statute of limitations is the deadline to sue. If the creditor has already sued him, the statute of limitations is meaningless.
Answer Applies to: Ohio
Replied: 8/25/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
The collection agency knows about limitations periods. But SOL is an affirmative defense it is not automatic. In a lawsuit against him your brother must raise this defense in a responsive pleading. Is the credit card issued by the same bank where he has his account? It's kind of imprudent to deposit money in a bank to which you owe a delinquent debt. Good luck to you both.
Answer Applies to: Wisconsin
Replied: 8/24/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
The SOL on a credit card debt is a defense to a lawsuit. It won't automatically stop anything by itself. Where is your brother located? You should post in that state. In California the SOL is 4 years on credit card debt. Also if there was a judgment taken it wouldn't apply anymore. Judgments can be renewed forever. He should see a knowledgeable local debt defense attorney to advise him on what to do.
Answer Applies to: California
Replied: 8/24/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
To freeze it they must have a judgement. He should see a lawyer about bankruptcy. He could possibly find one at NACBA.org
Answer Applies to: California
Replied: 8/24/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If they froze the bank account that means they have a judgment and it is no longer a 3 year SOL.
Answer Applies to: New York
Replied: 8/24/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    I do not know how much money is at stake here, but his only option would be to ask that the exemptions available under state law be applied to protect his account. The SOL would not apply because by virtue of the account being attached, a court judgment has already been entered against him. I guess he forgot to mention this when telling you about this problem.
    Answer Applies to: Nevada
    Replied: 8/24/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Your brother needs to engage an attorney to receive consultation as to his rights, defenses and liabilities. I would need more facts to counsel him.
    Answer Applies to: Michigan
    Replied: 8/24/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    If they are freezing his account they have a judgment so SOL is no longer an issue.
    Answer Applies to: Florida
    Replied: 8/24/2015
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