Legal Question in Real Estate Law in Connecticut
Is it legal?
I came home from work and found a suit taped to my door for monies owed to Water Pollution Control Authority. I filed the appearance, and while waiting for my court date the WPCA went into my checking account and seized the money. I never disputed the fact that I owed the money, it was just a matter of how much.....there were three different figures.
I immediately filed exemption from bank execution with the claim that the seized funds were from child support and await my court date. Question was it legal for the WPCA to
seize the funds without having a judgement? The cover letter that I received from the bank stated that they were in compliance with a judgement that was entered against me, but there was never a judgement....
1 Answer from Attorneys
Re: Is it legal?
I can't answer your question without knowing the information in the paper work you were served with. They could have been granted an attachment against your bank account, pending the resolution of the suit. You should have be given a copy of any pre-judgement order when you were served. Did you check the court records where the Judgement was claimed to be granted. If not, do so. There may have been an attachment ordered, and, if so, you would have been given a date to request a hearing on the order. Otherwise, all I can do is recommend that you go to the court and review the file. You may need an attorney to do this for you, depending on the amount of money taken vs. the legal costs involved. You have to check the court file to see where you stand, if you don't know if a judgement was entered against you or it was just a pre-judgement attachment. You can call to make an appointment for a free consultation, but I would have to see the documents that were served or sent to you. Tom Noonan 203-639-9838.
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