Citation/Bank account frozen

Just a little update, I called the court house the stipulation "appears" to have been filed in, their case #'s do not go that high, they have no record of it. So I called the court house where everything else was filed, they don't have it either. Then she asked me if it has a stamp on it, it does NOT, so it was never filed in any court. She says they're not supposed to do that, but now what?

First, I would be going and talking to the branch manager of your bank, and explain the same thing that you just did, that you talked to the courts and they have no record of any such bank levy/and or judgment to garnish your bank accounts.

From my understanding is the bank levys/garnishment MUST come from the courts.

If the branch manager at that bank is of no help, hire a lawyer.

No, this freeze on our bank account is from the courts. In fact the woman at the courthouse gave me the court date (that I didn't even know yet) while we were on the phone. The stipulation to dismiss the garnishment, from the judgement that was entered 2 yrs ago, is what was NOT filed thru the courts. She told me they're not supposed to do that, and to show the judge when we show up for court.

Ahhh.. Gotcha.. then I really don't know what to tell you about the freeze on your bank account then.

Someone else will come along and help :)

Yeah, that's what I'm hoping. I'd like to know what my husband should (or shouldn't) say when he calls the CA tonight, or if he should even call them for that matter.

Another update, I've been looking online all day, and it appears to me that they can NOT freeze my bank account unless they have a judgement against me. Is this true? They do NOT have a judgement against me, and it's my understanding that they can't simply just start collecting on the judgement issued to previous CA, correct?

Ok, yet another update. My husband is now home from work and spoke to the woman at the bank, who gave us the case #, and stated that Hilco Receivables is on the notice. Hilco is the company that got the judgement, they then cancelled it, sent back the payment and assigned Cavalry Portfolio who then retained the lawyer that has issued the freeze. My head is spinning, I have no idea where to go from here, but I"m afraid to call the CA.

I would seriously consult a consumer law attorney at this point.. something doesn't sound right.

Was the debt in both your names or just your husband? What state do you live in? Some states are community property states, where as no matter if the debt is your husband or yours, they can go after the other spouse. Do you have a separate account, or was the account that they froze jointly owned? I know from pasts posts that each time they want to take money out of your account they have to get a separate judgment.. though not sure if that's the same as a freeze.

But I'd be talking to an consumer law attorney at this point.

Already contacted a lawyer.
To answer your questions though, the debt was my husbands, we live in Illinois, I do not have a seperate account and the account they froze is a joint account. I do not work though, so all the money going in said account is "his".
The lawyer says they can sell and resell a judgement, which I understand, but that someone else can not collect on it, they have to get their own. But apparently this freeze is a result of the CA that did get the judgement. I have yet to see the paperwork my bank received, I only know what I was told over the phone, but the case # is the same as the judgement was.
The lawyer wants me to email him all paperwork I have, and he's going to look for violations that this current lawyer may have commited. He said the best part is that lawyer can't even countersue, because he doesn't "own" the debt. So wish us luck :)

Ok, I've been looking around on Illinois Legal Aid website. I found a statement that said you can NOT be fired for 1 garnishment, but that you can be fired for more then 1 garnishment. So my question is now this, if by chance they start garnishing again, does that count as garnishment #2 and can my husbands job be in jeopardy because of it? I'm really hesitant to enter in a payment plan as my husbands job is currently working 4 days a week off every 4th week or so. We're barely living right now as is.

Another question. I've read that "they" have 3 business days to contact me once they freeze me account. Is this true? My account was frozen Wed. morning and here it is 6:30 on Mon. night and still nothing. Shouldn't they have to notify me when I'm supposed to appear in court?