What to do if my sister’s funds were frozen because of mom is llisted on her bank account and missed payment to debt collector?

My mother missed a payment to a debt collector/lawyers office because she was hospilized. She tried contacting them but was sent to voice mail and left a few messages. Today her account was frozen but because she is on disability they couldn’t collect the funds. However my sister was listed as a joint account and all of her funds frozen The only reason my mother was listed on her account was because she was 18 years old. My sister called the collector/lawyer but was told that they wouldnt unfreeze her account and it was a punishment for my mother. What can we do?

Asked on March 15, 2012 under Bankruptcy Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately, since your mother owes creditors money and is listed on a joint bank account with your sister, the presumed judgment creditor is entitled under the law to levy upon the jointly owned bank account. If your sister wishes to possibly regain control of the jointly owned bank account, I suggest that she consult with an attorney who practices in the area of debt relief for consumers to see if a petition to release the "freeze" on the jointly owned bank account is warranted and likely to succeed.

If nothing is done, the judgment creditor will get the entire account per the bank levy.


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