How can I get money refunded if it was seized from my bank account by a creditor that I don’t actually owe any money to?

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How can I get money refunded if it was seized from my bank account by a creditor that I don’t actually owe any money to?

My old landlord sued me for eviction over a month after I had moved. I was unaware he then filed for a writ of garnishment against my bank account for past due rent that I do not owe (I have proof I don’t owe) and now they have taken $4000 of my money from my bank account. This person has sued me for over $6000 for bank rent which I didn’t owe. What can I do legally to get my money back? Obviously I have all of my money frozen. What can I do to stop this or correct this? I have documented proof I do not owe this money.

Asked on July 8, 2011 under Bankruptcy Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am assuming here that this all happened in Texas and that you are failry close to where your ex landlord filed the court proceeding.  Your ex landlord received a default judgement against you because if you had no idea that you were served - he probably served the prior address after you left - then you never appeared in the action and he was able to get the judgement.  So this is what you need to do: you need to go down to the court where the judgement was entered and move to vacate the judgement and to enter an answer to the complaint lodged against you.  You need to give your reason for default - never served - and a meritorious defense - no money owed/improper eviction/no rent due.  You need to file a counterclaim for the money and ask for sanctions.  You need to ask that the judgement be vacated.  Bring your proof that you paid, your lease termination, etc.  Good luck. 


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