QUESTION
How could my brother unfreeze his bank account?
Asked on Aug 24th, 2015 on Bankruptcy - Michigan
More details to this question:
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?
4 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The statute of limitations is the deadline to sue. If the creditor has already sued him, the statute of limitations is meaningless.
Answered on Aug 25th, 2015 at 4:46 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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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.
Answered on Aug 24th, 2015 at 8:36 PM
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.
Answered on Aug 24th, 2015 at 6:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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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.
Answered on Aug 24th, 2015 at 3:02 PM