How to Reinstate Your Checking Account

Under certain circumstances, legal judgments can be issued to order a freeze on your checking account. If a plaintiff wins a financial case against you for an unpaid debt, a judgment can be issued to freeze your checking and savings accounts, and have your wages garnished. But certain types of deposits are exempt from these kinds of judgments. The easiest way to have your checking account reinstated is to work with the plaintiff's attorney directly instead of working your way through the court system. It is illegal to freeze funds that are received from exempt sources.

Things You'll Need

• 3 months of bank statements
• Fax machine

Instructions

1. Find out about the plaintiff's attorney by asking your bank. They are required to have records of these orders for the freezing to be implemented. Ask the bank for the name of the attorney on the case, the name of the plaintiff and the index number on the case.

2. Gather three months worth of bank statements, and look through the deposits list. If you do not have a paper copy of your bank statements on hand, a bank representative can print a copy of your statement. Review all of the deposits and compare them with the deposits that are exempt from a court-ordered freezing.

3. Call the attorney's office and make a note of the name of the person with whom you are speaking. Explain that the law office had your checking account frozen, and that your deposits came from exempt sources. Request the office's fax number so that you can fax proof.

4. Provide the attorney's office with your name, the case index number, the name of the person you talked to, a message stating that the funds that have been frozen in your account are exempt under the law, and to release the freeze on your account immediately. State that if the freeze is not lifted immediately, you will be forced to take legal action against them. Request a copy of the account release that is sent to your bank. This information can be included on a fax cover sheet.

Tips & Warnings

• The kinds of deposits that are exempt from freezing and garnish judgments include, but are not limited to the following: Veterans Benefits (including Survivor's Benefits), Public Assistance, Wages of SSI and public assistance recipients, Workers Compensation Benefits, Public or Private Pensions, Social Security Benefits, Social Security Disability Benefits (SSD), Child Support and Unemployment Benefits. Remember, this is not an exhaustive list. If you can prove that a certain deposit type in your checking account is exempt from freezing, your account can be reinstated.

References

• MFY Legal Services: My Bank Account is Frozen. What Do I Do?
• Lawyers.com: Bank Account Seizures