bank account garnished, no notice of judgment

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arianasmom

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I am a single mom of 3 living in Florida. My bank card suddenly had $0 on it and I was told my account was garnished. THis is my only bank account. It contains my wages from my waitress salary. It was only $5,900 but it was my life savings for paying our rent and expenses for myself and my 3 children. Before this, I had never received any notice of pending hearing or judgment or any court date. As a result, I was never given the right to be heard or appear in court in my defense.
I do not live in the state where the judgment is filed . Does Indiana have jurisdiction over me? THe court said service was filed BUT I was never personally served. The debt (credit card) is also not mine ..but in my name , because I was a victim of identity theft.

It sounds hard to believe, but my Ex-husband (who left us destitute), was using his family and friends credit cards fraudulently. He was convicted of 4 counts of mail fraud and sentenced to 33 months in Federal Prison( because he pleaded guilty). His total was over $1 million . sooo, my $5900 credit charges may appear to be nothing...but to myself and my girls, it is everything. I believe he may have been a conn man enough to have hidden service from me as well as the court dates etc. He is now serving a federal sentence for his actions.

What can I do to get my account unfrozen? Can I request that the judgment be vacated because I did not receive service or notice? will i be able to win the case because the debt is not truly mine? My ex is facing very serious penalties, the U.S. Secret Service was involved in investigating his crimes. WIll anyone care that I am a victim ? or is my money from my bank account history?

The attorney for the Creditor sounded very concerned when I said I have not lived in Indiana for 2 years. She wanted me to send her proof that I have not lived there and where I am living now? WHy? and WHy would I help the attorney who is trying to take my money?

Please help! any advice would be greatly appreciated.
 
You have lots of remedies, unfortunately few of them are fast and easy. The only one you have that may be faster and easier is to work with the attorney who has the money under control. They may be sympathetic because they probably "served" you in Indiana or by publication. If you are lucky they will recognize that you are a victim and MAY help you out.

You can move to have the case reopened and given what you have said it is almost certain the court will reopen the case.

Believe it or not, attorneys aren't heartless and on a liability side they are unwittingly injuring you and your family. Work with that attorney and go open your case.

I wish you well. You make me wish I was still an attorney. I would take your case pro bono. Someone might just do that.
 
By the way, if that attorney wanted to compel you to answer questions about any and all of your assets and income they could do it. So you aren't doing anything wrong by talking to them.
 
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