How can a creditor track down a bank account?
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How can a creditor track down a bank account?
I was sued by my credit card company over a balance. I was not contacted, so I didn’t appear in court. Accordingly, the judge set a default judgement against me. My creditor is now sending court orders to banks to see if they can find my bank account. They have sent them to 2 different banks and have not been successful. I have a joint account with my husband, however we opened the account usinghis SSN, not mine. The credit card is using my maiden name, not my married name which the account is under. Will they be able tofind it since the bank does not have my SSN and a different last name?
Asked on February 19, 2011 under Bankruptcy Law, Indiana
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
So what really are you asking here: if you are safe from the creditor as you are and basically if will be able to avoid the debt? An attorney can not advise you in any way to defraud a creditor, and that is what you are on the verge of doing. The only guidance that one can give you here is to tell you that if you were not properly served with the summons and complaint in this matter then you can vacate the default judgement based upon lack of personal jurisdiction and as long as you have a meritorious defense to the action: you owe less, the debt is not yours, it was already paid - whatever. I think that eventually you will have to use your social security number with your married name and they will catch up with you. Better to face the music now.
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