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razanbrandy · Jul 14, 2008, 07:49 PM

I just received a judgement lien against me last week from a debt I aguired before I was married... today this debt collector totally wipe out my husband's checking account.. my name is also on this account... can they do this? I don't work, so it was his pay that was in the account... and is this going to be a daily, weekly or monthly thing... not sure what to do at this point..

N0help4u · Jul 14, 2008, 08:18 PM

Notify the bank that it is a joint account and he is not the one that owes but it his money being deposited that they are taking out. And see about not having his money direct deposited so they can't get it.

drslick · Jul 14, 2008, 08:41 PM

States that protect retirement accounts from judgements

George_1950 · Jul 14, 2008, 09:23 PM

It may not be too late to recover this money. What state?

razanbrandy · Jul 15, 2008, 07:14 AM

In tn

razanbrandy · Jul 15, 2008, 08:30 AM

As I stated before we live in TN, is there anyway of recovering what the attorny for the creditor took out of our checking account.. he totally wiped it out? Also, if I go bankrupt, will it stop judgements that are already in process?

George_1950 · Jul 15, 2008, 08:34 AM

Originally Posted by razanbrandy

as I stated before we live in TN, is there anyway of recovering what the attorny for the creditor took out of our checking account..he totally wiped it out?

Has your husband received paperwork or notices as to which court is handling the garnishment or levy? You need to know which court to contact. If he hasn't received any notice, then the creditor may have a legal problem that will be to your benefit. If you know which court, call the clerk and ask whether it has received the funds and how long it will hold them before giving to the creditor.

ScottGem · Jul 15, 2008, 08:37 AM

We warned you in your previous thread to open a new account only in your husband's name. I guess you didn't pay attention.

You will have to file a motion to vacate the writ of attachment served on the bank on the grounds that the only money deposited in that account was your husband's income. You will have to prove that.

You need to immediately open another account in just your husband's name and start depositing his income to it.

George_1950 · Jul 15, 2008, 08:37 AM

Originally Posted by razanbrandy

also, if I go bankrupt, will it stop judgements that are already in process?

A bankruptcy filing 'stays' all collection activity by creditors. If you have judgements, you must file a motion within the bankruptcy proceeding to avoid the lien against your exempt property. It is a technical matter and you will need an attorney.

razanbrandy · Jul 15, 2008, 10:12 AM

I received the judgement lien letter which just stated that it was also sent to record of deeds office and that a property lien will be put against me... my husband did'nt receive any letter.. it is an attorny representing the creditor that is doing this... he even took his fee out of our account...

razanbrandy · Jul 15, 2008, 10:13 AM

I was going to close that account today, was just waiting for my landlord to cash her check.. and she had'nt cashed it before this attorny cleaned out our account