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Parenting -- Special Concerns
Reply to "Bank account frozen for child support arrears."
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[quote=Anonymous]The particulars and procedures may vary state-to-state but for all intents and purposes the circumstances are the same in that the bank is notified first and the account is frozen in order to prohibit the debtor from taking any action such as withdrawing all the funds. Once the freeze is initiated then the account holder is notified so your ex probably received a written notice soon after his account was frozen with instructions on how to file to contest the seizure. The notice will tell him the date, time and place the case is to be heard in court (called a "return date"). On the return date, a judge will decide whether the bank should turn the money in his account over to the creditor (you). If you're looking to help your ex then you can tell him that one of the most common defenses is that it would create an "undue hardship" on him if they took the funds from the account. This is a case specific argument so he would have to explain how it would affect him to the judge.[/quote]
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