QUESTION
How can a debt collector freeze my bank account?
Asked on Mar 09th, 2014 on Bankruptcy - Florida
More details to this question:
My wife and I have a joint bank account. I only have a discharged chapter 7 bankruptcy in Florida (12/2000). A bank personal loan debt dischaged in my bankruptcy resulted in a judgment against myself and my wife (we were both on the bank loan). Now the debt collector has frozen our joint bank account. Is this a violation of FDCPA? Can the debt collector freeze a joint bank account when one individual on the account has automatic stay chapter 7 bankruptcy protection? Or, is it assumed by the court that the money in the account belongs to each of us independent of one another and is therefore open to freeze because my wife is not protected by automatic stay law from chapter 7 bankruptcy?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
Reviews not shown
3 Awards
That is purely an issue of the laws of your state. If Florida is a community property state (and I do NOT think it is), then your joint bank account would be protected by your discharge.
If Florida is not a community property state, then they have the right to go after any assets of your wife (assuming they have a lawful judgment against her).
However, you probably have an argument that you can make that some of the funds in the joint account belong to you and, to that extent, they have violated the post discharge injunction of 11 U.S.C. 524 (there is no more automatic stay once you receive a discharge).
You should really consult with a bankruptcy attorney in your area to get more specifics on the laws in your state.
Answered on Mar 11th, 2014 at 12:18 AM