QUESTION
Could check-cashing bank see any judgements against me and put a freeze on my $250,000 injury claim?
Asked on Sep 08th, 2012 on Personal Injury - Michigan
14 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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YES.
Answered on May 22nd, 2013 at 3:40 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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I assume you in your question that you intended to use the word "seek" rather than "see" otherwise the question does not make any sense. The check-cashing bank, assuming it has a valid claim against you, could sue you and obtain a judgment. They could also assert a claim, up to the amount of their judgment, against your "$250,000 injury claim." However, they cannot "freeze," stop or otherwise prevent or interfere with your injury claim. They would have to wait until your case either settles or you obtain a judgment before they could try to collect upon their judgment.
Answered on Sep 16th, 2012 at 3:46 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The bank has no authority to do anything unless there is some type of court order (or unless you owe the bank)
Answered on Sep 16th, 2012 at 3:45 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, the bank doesn't care. Plaintiff attorneys who hold the Judgment against you would care and they could seize the funds.
Answered on Sep 16th, 2012 at 3:45 PM
Richard S. Goodman
A judgment would have to be entered against you for them to act against your account. See a lawyer.
Answered on Sep 16th, 2012 at 2:46 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes. You should hire an attorney immediately to handle the injury claim if you have not already done so.
Answered on Sep 16th, 2012 at 2:44 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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If you have an attorney for the claim he/she will deal with it. Civil judgment(s) against you? You don't owe anything to check-cashing bank? Normally the bank is not the agent for the judgment creditor and, so, court process is required. Get the straight story from a bank officer before depositing any money.
Answered on Sep 16th, 2012 at 2:32 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Judgments are a matter of public record, so anyone can see them. In New York, a restraining notice cannot be issued against a personal injury claim.
Answered on Sep 16th, 2012 at 2:12 PM
2 Awards
They can't freeze it, but they could seize it to satisfy a judgment owed to them.
Answered on Sep 16th, 2012 at 1:31 PM
1 Award
In CA, holder of judgment could levy on your bank account. Whatever money is in your account on the day the levy hits is subject to collection. Bank levies by judgment creditors are very common because they are easy and relatively cheap.
Answered on Sep 16th, 2012 at 1:31 PM
Ronald A. Steinberg
If someone has a judgment against you, they can garnish your assets. If all you are doing is cashing checks at some check-cashing store, I doubt that they would receive notice of any garnishments. They can only grab the money in your accounts at the time of the garnishment.
Answered on Sep 16th, 2012 at 12:30 PM
You should consult with an attorney who handles creditor's, debt and other financial matters for specific legal advice regarding your settlement.
Answered on Sep 14th, 2012 at 11:28 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not, but if there are attachments or garnishments outstanding, and the bank is aware of them, it must honor them. Banks generally do not check for outstanding judgment, and only act if they are properly notified, and compelled by law to withhold funds.
Answered on Sep 14th, 2012 at 11:09 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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They can t freeze it but they can collect on it.
Answered on Sep 14th, 2012 at 10:31 PM