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.


Asked on 4/07/09, 8:35 pm

1 Answer from Attorneys

Jeff Wong Cevallos & Wong LLP

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

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Answered on 4/07/09, 9:05 pm


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