Hi...


I am hoping someone can help me. I was married 2 weeks ago. A collection agency put a freeze on my spouses an my bank accounts due to a debt on a store credit card that my husband defaulted on years before we met. In speaking to the agency they said because we were married, and had a joint account it was perfectly legal to do this.. however in my research on this subject they are not allowed to take any portion from me because my name was not on the original credit card at the time of the default. Also we never received a court order or any notification, which I understand is the legal process. If anyone can put this into perspective for me I woulf greatly appreciate it. Thanks!

File a Third Party claim against the garnishment in the court that granted the judgment. THis will prevent the bank from releasing the fund unitl afte your hearing.

You must prove to the court what part of the funds belong to you, paycheck a if direct deposit a copy of the check stub showing it. Get you own checking account now, because they will continue to garnish this account until they are paid.

If they already had a judgement against your new wife, they don't have to notify you of this before they do it. To get the judgment there has to be notification.

And as noted, they can not take "your" money, but it will remain frozen until you go to court ad prove it is your money,

First, as long as they have a judgement its perfectly legal for them to attach ANY account held jointly. They have no idea whether all or part of the funds are his or not. But, as noted, if you can prove what portion of the funds in the account where yours, they can be exempted.

Once the judgement is obtained, no prior notice of attachment is necessary. Is your husband claiming he never received a summons or notice about the judgement?

Actually it is perfectly legal for them to attach a joint account. Since it has his name on it, it's fair game. Your best bet would be to stop depositing any more money into this account, then open a new account in your name only and use that for all of your finances.

Any debt of your new husbands is now yours new or old. These are one of the problems that should have been discussed before marriage