Legal Question in Credit and Debt Law in Wisconsin
I currently have a judgement against me. I was forced to speak with the attorney on the phone to disclose my assets. I have 5 kids, no job and income of $150. The paper that I was served to make me speak to the attorney stated that I could not sell any of my assets. After giving her the information she requested, I asked if she would be freezing my bank account. She said that at that time she would not be filing for a bank levy. My questions are:
1. If they have a judgement do they have to file something g with the courts to freeze my account? If so, will I be told about his?
2. If she told me she wasn't going to freeze my accounts, can I request that in writing? And if it's in writing do I still need to worry about the accounts being frozen without my knowledge?
The arrangement that was made at the time was for me to call every 30 days to update information or to call after I obtain a bankruptcy attorney.
Thank you
1 Answer from Attorneys
Judgments put creditors in the drivers seat for seizure of your wages, vehicle, bank accounts and home. Once judgments are granted, creditors to not have to give you any additional advanced notice (other than notice of the original lawsuit leading to the judgment) before executing against these assets. Your best defense is therefore to prevent the judgment in the first place. Judgments automatically come with court orders requiring you to provide collectors with all information they need in order to accomplish this unless you protect yourself, either by fighting the original collection lawsuit in order to prevent judgment in the first place, or by retaining a bankruptcy lawyer to enforce you rights under the United States Constitution to use the higher federal courts to protect your right to retain these necessities from collectors using the lower state courts to try and take them away from you. Both federal and state exemption laws can help you save these items and there are also poverty exemptions for the extremely poor, but none of them are automatic. All must be asserted with proper legal documents filed and served on the collectors within a very short and strict time limits..Once you miss these time limits, the courts consider you to have waived all of your rights, allowing creditors to potentially take any of these things away from you. If you are in the asset discovery stages, post judgment, and dealing with a collection lawyer on your own, you are at a huge disadvantage and risk potentially losing anything that you own. You therefore urgently need to retain an experienced bankruptcy lawyer.
Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications or further questions. I would not normally be taking any further action on your case without your making these additional arrangements. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www.lawguru.com/answers/search/attorney/jknixon.
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