Legal Question in Credit and Debt Law in Texas

My bank account was frozen without no knowlege to my wife or I. The bank is based out of Texas and a Texas lawyer did the deed. We currently live in Germany (Army) but have never recieved any notifications or been served any paperwork. Is this legal to do so?


Asked on 12/21/10, 3:12 am

2 Answers from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law

Probably not. It would depend on whether the attorney had used other means to try to serve you properly and then, when all else failed, he simply put notice in the papers and waited the specified time to proceed. More likely than not, the attorney didn't really try to serve you and filed against you anyway. (If you don't challenge it, he gets away with it - as he has in your case).

As for freezing your funds - or bank garnishment - this is a whole other story. Its really too commplicated to try to explain to you in the length of this message. The long and short of it is that if the funds that were frozen were not much, let them have it and move on (it would probably cost you more to fight it than you would recover - but there is even an exception to this). On the other hand, if the freezing took a big chunk, then you might want to consider fighting it.

I know about this particular area of the law because I've been fighting my own case for the past two years in order to learn what all I can about it. My thought has been that I might be able to streamline the work a little and therefore make it more affordable for people to fight.

Sorry I cannot give you a simpler explanation. If you're really interested and think you might want to pursue it, you can contact me at: [email protected] Hope this helps a little.

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Answered on 12/26/10, 6:55 am
Donald McLeaish McLeaish&Associates;, P.C.

Agree with Williamson..probably not if you are in miliatry service...but you need to give someone more info..where is bank? what was debt owed?...who is lawyer..a lot of details..and if u do send complete info..one could reply

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Answered on 12/26/10, 8:21 am


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