If your bank account is frozen, that is because the creditor in your case has served it with a third-party citation to discover assets.

In most counties, if you have a court date already scheduled, you can wait for that date to unfreeze your bank account. Your court date should be listed as the “return date” in your court papers. 

In Cook County, if a creditor freezes your bank account, there is not a hearing unless you request one. You only have a certain amount of time to request a hearing. You must call and notify both the Plaintiff (at the number listed on the citation notice) and the court's clerk, and give them information on the case and where they can contact you. The court will then email you with a date and time to appear.

If you missed the court date, or you need your bank account unfrozen more quickly, you can file an Emergency Motion to Claim Exemption to get an earlier court date. Explain in your motion that you are claiming your exemptions and need your bank account unfrozen. Be sure to explain in the motion why it is an emergency that you get your bank account unfrozen. For example, you need to pay rent or other bills.

Many courts are holding hearings via video conferencing software like Zoom. You should contact the county clerk to make sure you know how to appear for your hearing. If your hearing is in person, you will usually find a bulletin board outside of the courtroom with a list of all the scheduled court cases for that day. Search the case list for your court case. There will be a number to the left of your case called the line number. Remember this number. If your case is not on this list, or if there is no posted list, you will need to step into the courtroom and speak to the clerk to check in and to learn when your case will be called. This step does not apply in St. Clair County or Madison County.

If your hearing is via Zoom, make sure you are on mute and wait for your case to be called. Step into the courtroom and wait in line to speak to the clerk at the front of the room to the right of the judge’s bench. Tell the clerk your name and the line number for your case.

After you have checked in, wait in the back of the courtroom until your case is called by the clerk. When your case is called, step up to the front of the courtroom. State your name. Tell the judge which exemption you are claiming:

• $4,000 of any property (this is called the “wildcard” exemption because it can cover so many things)
• $ 2,400 worth of a motor vehicle
• $ 1,500 worth of professional books or debtor's trade tools
• $ 15,000 worth of property in a house or condominium in which the debtor lives or in farmland ($ 30,000 if a couple owns more)
• Money in a pension plan or IRA

If the judge decides that the money in your account is exempt, he will sign the order lifting the freeze. Do not leave the courtroom without a copy of this order signed by the judge. If you appeared via Zoom, you should receive a copy of the order via email. In some counties, banks may require a certified ("raised seal of the Court") order. You can get a certified court order from the Circuit Court Clerk's office.

Bring a copy of the order to your bank. They should unfreeze your account and let you access your funds.

If your bank continues to deny you access to your account, ask to speak to the bank manager.

If the bank still does not release the funds, they are disobeying a court order. You can file a motion to hold them in contempt of court.