How do I unfreeze a bank account frozen by a credit card collection agency? 10 Answers as of December 29, 2010

I just had my bank accounts frozen by a credit card collection agency. How can I unfreeze my account?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
DiTocco Law Group, PLLC
DiTocco Law Group, PLLC | Tony DiTocco
Filing Bankruptcy will, generally speaking, unfreeze an account frozen by a collection agency. You should consult with a Bankruptcy Attorney.
Answer Applies to: Florida
Replied: 12/29/2010
Stuart Jon Bierman  Attorney at Law
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
In general, one way to do this would be to file for bankruptcy protection. Please note you should talk with a bankruptcy attorney to ascertain if this would be a good idea in view of your particular
situation.
Answer Applies to: New Jersey
Replied: 12/28/2010
DiManna Law Office, LLC.
DiManna Law Office, LLC. | Dawn DiManna
You will need to go to court to do this. There should be a case open if they were able to freeze the account.
Answer Applies to: New Hampshire
Replied: 12/28/2010
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
If they have been attached or garnished there is only one thing you can do and that is to hire a lawyer and file bankruptcy fast and claim the money as part of you personal property exemption.
Answer Applies to: Tennessee
Replied: 12/28/2010
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
I assume that you mean that your bank account was levied on by a credit card collection agency that has a judgment against you. The way to unfreeze the account is to file bankruptcy. Of course you first need to see if bankruptcy is the best option for you. I recommend that you consult with a Certified Specialist in Bankruptcy Law like me. You can call me for a free consultation any time
Answer Applies to: California
Replied: 12/27/2010
    Steven D. Keist, Attorney at Law
    Steven D. Keist, Attorney at Law | Steven D. Keist
    Your account is only frozen as to the amount that was in the account when the garnishment hit your account. There is no way to unfreeze the amount garnished by the creditor.
    Answer Applies to: Arizona
    Replied: 12/27/2010
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    When you say that your account was frozen you probably mean that there is judgment against you and that the credit card company has an order to levy your account. The bank must turn over the funds to the judgment creditor (the credit card company). In the meantime you have probably been given papers telling you that you can go to the Superior Court where the judgment was obtained to tell the Court that the funds should not be turned over to the bank. You could claim an "exemption" for the funds in the account if there are any exemptions available for those funds that would prevent the credit card company from taking the funds. Sometimes if the funds in an account belong to someone else such as when you are holding them in trust for someone else and if you can prove it, the funds may not be taken. If there are no exemptions available and the funds in the account are yours, then there is no way to unfreeze the funds. The funds will be taken to satisfy the judgment.

    If you file for bankruptcy then the funds will not be taken or if already taken can be recovered but time is very short. Whether or not you should file for bankruptcy requires a consultation with a bankruptcy attorney to determine if that is the best thing to do in your case. Your income, assets and other factors need to be considered before filing for bankruptcy. You also need to have an attorney advise you as to whether bankruptcy under Chapter 7 or 13 would be best in your situation depending on your income, assets and many other factors. Therefore, you should have a consultation with a local bankruptcy attorney immediately to determine your best option.<
    Answer Applies to: California
    Replied: 12/27/2010
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If the funds have been garnished, you need to see a lawyer immediately
    Answer Applies to: California
    Replied: 12/27/2010
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You have to either file for bankruptcy or you have to file documents with the bank showing that the money is exempt from a levy.
    Answer Applies to: California
    Replied: 12/27/2010
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Nowhere near enough information to answer your question. Did this occur before or after filing a bankruptcy case? If after, then you can file a motion for violation of the automatic stay. If before,
    then you can file a bankruptcy case. It is very unusual that a bank simply "freezes" an account unless it is your bank that is owed the money on its credit card.
    Answer Applies to: California
    Replied: 12/27/2010
Click to View More Answers: