How Do I Sue A Billing Department for Having My Bank Accounts Frozen?
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Answer:
There are several types of liens, all of which could cloud the title and prevent the seller from conveying marketable title to the buyer. A judgment lien is created when a court grants a creditor an interest in the debtor's property, based upon a court judgment. A judgment lien can be filed if an actual judgment in a lawsuit is obtained from a court. Such cases include failure to pay a debt, including credit cards, bank loans, or deficiency judgments on repossessed vehicles. In some circumstances, judgments can be enforced by sale of property until the amount due is satisfied. A plaintiff who obtains a monetary judgment is termed a "judgment creditor." The defendant becomes a "judgment debtor." If the judgment remains unpaid, the judgment debtor may request that the court place a lien on the judgment debtor's property to secure payment of the claim to the injured party. After the judgment creditor places a lien upon the attached property, the next step in the collection process is to conduct a sale of the attached property to satisfy the judgment debt.
The answer will depend on all the circumstances involved, such as whether the debt is rightfully owed, the contract between the service provider and the billing department, etc. It may be a matter of contract law between the service provider and billing department. In such a case, it would be a breach of contract matter. If litigation is still ongoing, it may be possible to implead a third party that a debtor alleges is responsible for the debt. We suggest you consult with a local attorney who can review all the facts and documents involved.
A third-party complaint is a complaint filed against a third party by a defendant or plaintiff alleging that the third party is liable for all or part of a claim or counterclaim in dispute between the original parties.
For example, the Federal Rules of Civil Procedure provide that at any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the third-party plaintiff for all or part of the plaintiff's claim against the third-party plaintiff.
An impleader is a civil procedure used by a defending party to bring nonparty into the litigation. A nonparty may be impleaded if the nonparty is or may be liable to the defendant for all or part of the plaintiff’s claim against the defendant. A defendant who impleads a third party is called the "third-party plaintiff”; the impleaded party is the "third-party defendant” It applies only when third party is liable directly to the defendant, not to the plaintiff.
