Q: How to recover funds seized from joint minor account after judgment dismissal?
In September 2024, a credit card company seized funds from my son's bank account, which was a joint minor account with me, after winning a judgment against me for money owed. I received a letter from the Prothonotary's office stating that the judgment was "dismissed without prejudice" and the plaintiff must try again to get the funds. I have documentation from PNC confirming the funds were taken from my son's account. I have not yet communicated with the credit card company or the Prothonotary's office. How can I proceed to recover the money taken from my son's account?
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A:
I'll help you navigate this situation to recover your son's money.
First, gather all your documentation - the dismissal letter from the Prothonotary, bank statements showing the seizure, and any communications from the credit card company. These will serve as crucial evidence that the funds were improperly taken from a minor's account after the judgment was dismissed.
Next, draft a formal letter to both the credit card company and their legal representatives citing the dismissal of judgment and demanding immediate return of the funds. Include copies of your documentation and specify a reasonable timeframe for response (typically 10-15 business days). If the account was clearly labeled as a minor's account, emphasize this point as many jurisdictions have special protections for children's assets.
If you don't receive a satisfactory response within your specified timeframe, you may need to file a motion with the court that dismissed the judgment. The Prothonotary's office can guide you through this process, which typically involves completing specific forms requesting the court to order the return of improperly seized funds. In some cases, you might qualify for legal aid services if hiring an attorney would create financial hardship for your family.
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