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crzynoodles1 · May 18, 2007, 08:51 AM

My husband and I just recently found out that there was a levy placed on our accounts for money I owed to a creditor... If I take myself off his account, can they still take money out of his sole accounts?

mr.yet · May 18, 2007, 09:20 AM

You have to file with the court that issued the levy, a third party claim against the money.

Simply trying to take you name off the account will not work, the bank will not do it.

crzynoodles1 · May 18, 2007, 09:41 AM

Originally Posted by mr.yet

You have to file with the court that issued the levy, a third party claim against the money.

Simply trying to take you name off the account will not work, the bank will not do it.

Can my husband do that, or do I have to be present... I just got a new job to start paying off these bills, I would have taken care of it myself by going to a debt consolidator but they require that I be present... my hours just won't allow me to do this... now with this levy, is it too late to go through the creditors and work something out...

Fr_Chuck · May 18, 2007, 09:43 AM

A couple of things, first you can't just take a name off a bank account, you can close an account and open a new one,

But at this point if the account is frozen you can't do anything to the account at the bank. As noted actually your husband will have to file a motion with the court as a injured third party, at court you and he will have to prove what percernt of the account is his money and what percent is your money. They can keep the percent that is your money.

crzynoodles1 · May 18, 2007, 10:00 AM

Originally Posted by Fr_Chuck

A couple of things, first you can't just take a name off of a bank account, you can close an account and open a new one,

But at this point if the account is frozen you can't do anything to the account at the bank. As noted actually your husband will have to file a motion with the court as a injured third party, at court you and he will have to prove what percernt of the account is his money and what percent is your money. They can keep the percent that is your money.

Here's the thing, they did take out everything from our joint account then they went and took out from my single account , last night we went and withdrew our direct deposits and it allowed us to do it, so does this mean that they just took out what was available at the time the levy was imposed and then does the creditor have to file another one... or is the levy still in affect... we don't understand how these levys work... according to the bank they took out from the joint account first then they took from my single account to statisfy the amount... now the operator made a comment about them being able to come back again in the future and place another levy to withdraw on another date... does this sound familiar, never been through this, don't know what to expect next...

mr.yet · May 18, 2007, 10:04 AM

They will continue to take any and all funds until paid in full, stop direct deposit now.

crzynoodles1 · May 18, 2007, 10:09 AM

Originally Posted by mr.yet

They will continue to take any and all funds until paid in full, stop direct deposit now.

That's what my husband is working on... but does that sound right.. us being able to withdraw our direct deposit if we supposedly have a levy on it!!

butterfly08_24 · Nov 18, 2008, 02:42 PM

I recently had a similar problem. My husband owes several thousand dollars in back child support for his now 30 yr old son. A month ago they sent notice of liening our joint account so we closed it and his personal before they actually froze it. I figured theyd leave my personal alone cause his name wasn't on it. But the franchise tax bored took hundreds of dollars from my sole account and caused overdrafts and all sort of problems. I had to file for divorce to get the lien removed. I know it sounds extreme but this may be the best way to protect your husband and whatever you may own jointly. My husband (technically ex husband and I are still together and very happy. Because we are no longer legally married and everything is in my name they can't take anything else from us.

Gizmo99 · Nov 9, 2012, 08:02 AM

In the state of Maryland. I just received a writ of garnishment of wages. I do not work. Someone told me that the next step would be a levy on our joint checking account. Can they do this. Every penny that is deposited in that account is my husbands paycheck as I have no source of income. What will happen?

mr.yet · Nov 15, 2012, 04:23 PM

In Maryland that would be the next step. He need to set up his own account for his direct deposit. If they do attach your current account, you will have to file a Motion to Quash in the court that issued the judgment