Legal Question in Appeals and Writs in Georgia

Can I serve a writ of execution on a currently frozen bank account?

I won in court against a corporation by default. I now wish to service a Writ of Execution on this company's bank for the judgment amount. I know the money exists in the bank account but there is a possible problem. The bank account has been frozen by the FDA. Now, the money is still in the name of the corporation (meaning the

government has not yet taken control of it because the corporation has not signed the money over to the government) but the account is frozen meaning the corporation cannot withdrawal any money from the bank account. Can I still serve the Writ on the bank and collect my judgment even though the bank account is frozen? I am guessing I can since, although no money can be withdrawn by the company, it is still an asset of the corporation. However, I wish to have someone who knows for sure answer.


Asked on 2/14/04, 12:35 pm

2 Answers from Attorneys
Janet Ziulkowski Ziulkowski & Associates, P.L.C.

Re: Can I serve a writ of execution on a currently frozen bank account?

If you have a valid and enforceable judgment, a debtor can file the writ of garnishment on a bank even if the funds are frozen. If the accounts are unfrozen while the creditor may be able to get some or all of the debt. There is also a writ of execution that may be issued against the personal property of the corporation. If you would like to discuss you options in further detail, call me at 586-979-7302. Good luck.

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Answered on 2/14/04, 12:40 pm
Regina Mullen Legal Data Services, PLC

Re: Can I serve a writ of execution on a currently frozen bank account?

There is no way to know for sure until you try. This requires local counsel who can look over your paperwork.

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Answered on 2/14/04, 3:26 pm


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