judgment was entered in 2004 against me. i recently opened up a bank account after staying off radar for about 5 years. i have no credit cards and nothing else in my name (bank accounts, etc) what would the plaintiff need to cease my bank account if they wanted to? do they have to file something in court therefore alerting me of their intent to seize my account or will it happen without my knowledge? i am contemplating closing my new bank account until after the judgment is resolved please advise
They'd have to file a petition to garnish your wages/bank account. If granted by the judge, the bank gets a copy and they send them whatever is in your account or the amount being requested, whichever is the lower amount. You should be notified (served) of the petition, but if the judgment holder doesn't have your current address, they might just put a notice in the local, least-read, community newspaper and consider you notified (depends on the local court's rules). If you're served, then you have the opportunity to appear and contest the petition/motion.
