Legal Question in Consumer Law in Florida

Frozen Account

I am a single mother who takes care of my two children and my grandchild. I retired from my job because of health reasons and received my retirement which I invested into CD's. I received from a law office that a judgement was going to be entered against me for a hospital bill for one of my children I agreed to pay them 50.00 a month until it was paid. I missed two payments and was late on 1. They know have frozen my bank account. The bills that I have paid and items purchased have caused me to have NSF at the bank. I contacted the law office he told me because I have the CD's in the bank then I can pay the hospital bill. He then preceded to tell me that if I pay 1500 dollars then he will unfreeze the account thereafter I have to pay 100 dollars a month or he will freeze the account again. Is there anyway I can go after them it seems unfair that this has happened. I did not receive anything in the mail on a judgement to date. Do I have any rights?


Asked on 7/06/07, 11:20 am

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Frozen Account

The hospital cannot freeze your bank account. They may have garnished (forced the bank to pay them what the bank owes you) the account. That would empty it of whatever was in the checking account or savings account -- but not the CDs since they are not yet due (they have not matured). They would typically need a judgment to garnish the account.

You need to go down to the bank itself and find out what has hapenned. How much was garnished (that would reduce your bill by that amount). Go get the answers from the Bank, then deal with the hospital. You might be able to negotiate a lump sum payment for much less if the CDs would cover it.

Good luck.

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Answered on 7/06/07, 11:34 am
Johm Smith tom's

Re: Frozen Account

Mr. Wagner has made a very good suggestion. Try to bypass the collections people and deal with the bank and hospital directly. You would be surprised how many people are able to negotiate their bill down.

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Answered on 7/06/07, 11:40 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Frozen Account

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It sounds as if either a case has been filed and there is a pre-judgment writ of garnishment or there is already a judgment of which you may not be aware. I would check the court records online to determine the status of the matter.

You should certainly attempt to deal directly with the hospital to work out a repayment, however, they may choose not to speak with you since a lawyer is already involved. If you cannot resolve this with the lawyers, then I would suggest you ask the court for a conference with all parties present. At that time explain your situation to the judge and ask for a reasonable payment plan. Of course, you must be responsible enough to live up to your agreement when you make one.

Scott R. Jay, Esq.

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Answered on 7/06/07, 2:07 pm


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