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Subscribe to this list via RSS Blog posts tagged in Frozen Bank Accounts

Using Chapter 7 to Unfreeze Bank Accounts and Recover Garnishment Proceeds

Posted by on in Chapter 7

How it starts:

Under general principles of contract law, if a person borrows money and is late in repaying it, the lender may choose to sue for damages to collect the debt. A lender starts a civil suit by filing a “summons and complaint”, usually in state court. The summons and complaint are “served” (delivered to) the borrower to let him know that he is being sued. The method of service should be reflected on the “return of service” noted in the court’s file.

A suit that has been properly served requires that the defendant/borrower file an “answer” within 30 days of having been served with the suit. The answer should state a valid reason why the borrower is not legally obligated to pay the debt as stated in the complaint.

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