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Great2bcreative · Jul 22, 2007, 12:58 AM

I have a judgement against me for credit card debt. Over 10k. My husband was never on the credit card as cosigner, nothing. However, an attorney put on a hold on my joint checking account with my husband. They actually held his money. Is this legal? And what can I do now after I have judgement in the way of payment plan? Of course, the amount they propose is huge and I don't have the money. Any suggestions?

RichardBondMan · Jul 22, 2007, 02:56 AM

The pay plan you speak of preferably should have been arranged before the judgment was rendered. Now you are at the stage where the bank is seeking to collect on the judgment and it's perhaps too late. You probably were given opportunities to contact the bank and make arrangements but didn't for some reason. I doubt there's anything you can do except close all accounts where you have money or you have money flow into. If you are employed, expect the bank next to seek a portion of your wages before you receive your periodic paychecks. You could attempt to work a plan with the bank but it's probably too late. Consider selling some assets, taking on a 2nd job, etc to pay them off as quickly as possible or you might visit an atty to obtain advise on how to delay payment to the bank.

mr.yet · Jul 22, 2007, 03:32 AM

Your spouse need to File Motion to Quash garnishment, for a third party claim, (that is your spouuse), as long as he can prove how the funds in the account are his the judge will have to quash the garnishment.

dann2 · Jul 22, 2007, 06:25 PM

Read this... helped me a lot!

Debt Validation: The ultimate weapon against the collection agencies

Good LUCK!

ScottGem · Jul 23, 2007, 06:37 AM

Originally Posted by Great2bcreative

I have a judgement against me for credit card debt. Over 10k. My husband was never on the credit card as cosigner, nothing. However, an attorney put on a hold on my joint checking account with my husband. They actually held his money. Is this legal? And what can I do now after I have judgement in the way of payment plan? Of course, the amount they propose is huge and I don't have the money. Any suggestions?

Yes its legal, as long as you are a joint tenant on an account its fair game for the holder of the judgement. However, if he can prove that all or a portion of the money was solely his, he may be able to quash the garnishment and get the money returned or released.

The time to negotiate a payment plan was BEFORE the judgement. Now the creditor has no incentive to negotiate since they have the upper hand.

There are a number of threads here with situations similar to your. I suggest you read them for tips on what to do now.

Great2bcreative · Jun 12, 2009, 09:48 PM

Your answers have been helpful. I have since cleared these judgements with the help of my attorney!

ScottGem · Jun 13, 2009, 05:26 AM

Thanks for letting us know. You could be helpful to other members by detailing how the judgements were cleared.