Legal Question in Civil Rights Law in Pennsylvania
Writ of Execution without Being Served
My Bank Accounts where frozen
today by a lawyer who had a writ
of execution issued against me re:
a student loan that is in
deferrement. I was never served
by the court, and the Affidavit of
Service on file states that the
receiver of the affidavit refused to
give their name. The age, race and
weight of receiver is not my
information. Can someone please
help me and guide me.
1 Answer from Attorneys
Re: Writ of Execution without Being Served
My first thought is you should focus more on the underlying problem than the potential technical defect in service. Meaning that someone has a judgment against you for a certain amount of money and they are coming to get it.
You are correct that if service was not properly achieved, the freezing of your accounts is probably reversible. But this would be temporary and would not remove the problem of someone getting service properly and doing it all over again.
I would either contact an attorney to defend you and sort the matter out or contact the attorney who froze your account to try to work out a payment plan.
Finally, if the judgment was taken against you in your absence, there may be an opportunity to "open" that judgment.
Good Luck.
Jeff