judgements being taken from bank account

by steven

My ex wife apparently owes 4000 to capital one and they have obtained a judgement and are attaching her bank account for all of her money. We have 3 kids, I am unemployed and she's going to get evicted because she cant pay her rent. she hasn't been to court and was never even served. How do we stop this?

Comments for judgements being taken from bank account

Click here to add your own comments

Jan 31, 2012
judgements being taken from bank account
by: Debtcollectionanswers.com

I recommend that your ex-wife do two things right away. First, if the eviction has not already happened, she should talk with a bankruptcy attorney immediately because filing for bankruptcy will stop the eviction from moving forward and give her time to figure out what to do about her situation with the help of the attorney. It can also stop the judgment against her from being enforced -- at least temporarily. An initial consultation with a bankruptcy attorney will be free.

Second, she should contact a consumer law attorney right away. This is because if she was not served with a notice about the lawsuit against her for the money she owes to Capital One and therefore did not have an opportunity to appear in court to defend herself, her legal rights were violated and she may have grounds for a lawsuit. However, I am not an attorney so I cannot say for sure. The attorney will have to hear the facts of her situation and look at any documentation related to the debt and the lawsuit that she can provide.

I know money is extremely tight for both of you right now, but her initial consultation with the consumer law attorney will be free and it's possible that your ex will not have to pay any money up-front to the attorney if the attorney thinks she has a good case. That is because the attorney would take the case on contingency, which means that the attorney would take a percentage of any money he wins for her as payment for services.

In the meantime, have you and your former wife explored all avenues for public and private assistance for housing and other services that might help you and your children get through this tough time in your lives?

Good luck working through all of your problems.

Click here to add your own comments

Return to Debt Collection Questions.

Learn how debt collection laws can help you!
This website does not provide legal advice.
All information is for educational purposes only.
Copyright 2007 - 2021 by Mary Reed and Gerri Detweiler.
All rights reserved..
Read our Privacy Policy here. Do not sell my information.