Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

nycchic_24 Posted: Dec 29, 2003 10:02 PM

Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

Ok I am going to try to explain this as clearly as I can.

I wanted to know if anyone out there (in law or any other field like it) would know if lawyers are able to put holds on people's personal bank accounts or does that have to come directly from a judge?

In a nutshell, someone i know is having all their personal bank accounts put on hold to satisfy an outstanding nursing home bill of a deceased aunt. The letter she received comes from a lawyer not a judge..no stamp or anything? Is this legal or just a scare tactic?? Any responses would be so greatly appreciated! Please!

Jen_n_Dale Posted: Dec 29, 2003 10:05 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

I have never heard of such a thing. But without it being registered mail who is to say that you did or did not recieve it?

It is a shame. I am sorry this is happening to you.

sa070204 Posted: Dec 29, 2003 10:09 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

I would have your friend check her accounts and have it looked into immediatley.

If she is the next of kin and hasn't paid the nursing home I believe that they may have a right to do that. (as crazy as that may be) I am not sure of all the technicalities of it though.

Have her do a search on the lawyer that sent her the letter as well.

It sounds a little fishy to me that they did not ask for a return receipt. (mailing)

nycchic_24 Posted: Dec 29, 2003 10:13 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

her accounts are frozen, she went to the bank today but I dont understand how that is possible...how they have a right to do this. The letter was dated december 26th and thats when the bank was notified as well...

How is that possible if it were legal? I think this may totally illegal..do you think that if this was legal it would have come from a judge? Wouldnt it at least have some sort of a seal on it?!? All papers like this always have seals on them. I never was aware of the fact that lawyers had such power like to hold accounts??

This was called a subpeana....how can that be??

cooky11111 Posted: Dec 29, 2003 10:22 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

I am not the Law field but my old BF had his accounts frozen from not paying CC cards. The letter came from the CC Banks lawyer and no court apperance was nessersary. If they call the nursing home and make arrangements to garnish there paycheck and sign papers they might release it.

SomedayBride Posted: Dec 29, 2003 10:38 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

hmm.....this happened to someone I know. I'm pretty sure that your friend is not liable for the money, unless she inherited money (not life insurance, an estate) from her aunt. A lot of companies use this tactic to make you think you have to pay. If there was an inheritance, then she may have to pay it, and yes, it's legal.

casg Posted: Dec 29, 2003 10:42 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

was she the guardian of the aunt

nycchic_24 Posted: Dec 29, 2003 10:43 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

she was the power of attorney..paid the nursing home bills through aunts money, not her own...then she died.

nycchic_24 Posted: Dec 29, 2003 10:51 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

bump please!

Xelindrya Posted: Dec 30, 2003 08:41 AM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

so sorry this is happening to you.
I have no advice but I think this is legal. I got tons of warning about putting my brother in as power of attorney or guardian. Something about the fact that doing that made him soully responsible for all my debits. Instead I split it up between three siblings. To carry the load.

again.. so sorry this is happening.

jannshari Posted: Dec 30, 2003 09:24 AM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

Chances are, there is a default judgment against her (or perhaps the person for whom she holds a power of attorney, but that wouldn't make sense) and that is why her bank accounts have been frozen. There may have been a proceeding against her about which she didn't know and a judgment has been entered. The attorneys are allowed to collect against the judgment on behalf of their client in this manner. I would STRONGLY suggest that you have this person call the attorneys and find out what's going on, as well as call the County Clerk's office to find out if a judgment has been filed against her at some point. She should also hire an attorney ASAP.

Imagin916 Posted: Dec 30, 2003 08:07 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

I dont know the answer to the question, but when my grandmother died in april and we had to put my grandfather in a nursing home, my family went to see a lawyer about what to do with the house, money ect. There was not a lot of money left at all after bills were paid off, but the government is very strict about it, and i wouldnt mess with trying to divert it. She will get caught, and she will get jail time. Tell her to see a lawyer that specializes in medicaid/medicare law.

JimmysBride Posted: Dec 30, 2003 09:02 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

I agree with jannshari. Have her contact the attorneys she got the letter from. I don't believe attorneys can do this on their own but just as jannshari said, there could have been legal proceedings that took place without her knowledge that resulted in a judgement against her (she didn't know about it, therefore didn't appear before the court, and therefore was ruled against) which ordered the freezing of her bank accounts.

Court papers may have been mailed to an incorrect address. A subpeona -- I'm fairly certain -- has to be served to a person.

Misty Posted: Dec 30, 2003 09:30 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

Noreen, yes they can and you have FM. Bastards!!!!!!

Samanthas Mom Posted: Dec 30, 2003 10:26 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

I never heard of this b/c its not in my field
you should really have her get a lawyer who deals w/ this type of thing so the lawyer can call the other lawyer

jw11897 Posted: Dec 30, 2003 10:58 PM

Re: Even if you want to skip this topic please read and post to me..you may be the person I am looking for!

I used to work for a collection law firm and the only way they can put a hold on someone's account is to obtain a default judgment against that person.

They would have to serve the person they were suing, with a summons & complaint, before the judgment was obtained and then once the judgment was entered by the court they would send out information subpoenas and restraining notices and if they hit a bank account they would freeze it, that is how they get $$ b/c you have to pay them a certain amount of $$ before they will take the freeze off of your account.