View Full Version : Kentucky bank garnishment
sknight72
May 3, 2010, 07:35 AM
My husband had a loan I didn't know about and when things got tight due to increase in daycare and insurance he could not pay on it. I guess at some point he had a judgement, but told me he had talked to this company and set up payment arrangements. This loan was to pay off creditors of his ex-wife's that were hounding him because he was leagally married at the time and she had no money anywhere. Anyway, unknowing to me our bank accounts, checking, savings, were emptied out, right after our taxes were deposited. We of course had written checks to pay bills as well as used the debit card and none of that had posted yet so we ended up with over $700 worth of NSF fees and fees from the places we paid the bills at, including daycare, and we have no way of digging out because of it being so negative, we can get it back to positive after we both get direct deposited our paychecks, but that won't allow any money for us to live, daycare payments and food, gas, etc. So we are screwed. My question is, are they allowed to take EVERYTHING? That was a joint account, 1/2 that money was MINE, not his, and my name was no where involved in any of this, none of the debts were mine, or occurred while we were married. How can they take MY part of the money, I can see that they can take his part if there was a judgement, which I don't know about any of that, he's too ashamed to tell me, but are they allowed to take MINE? We have to get my part back or we're not going to make it, no daycare money=-no daycare for kids=me not being able to get to work=farther in debt. How can they ruin people's lives like this? Isn't there some sort of protection for my hard earned money and MY tax money?
JudyKayTee
May 3, 2010, 07:59 AM
What State?
Anything joint belongs to you and him equally - either one of you owns it all. Whether he's ashamed he HAS to tell you where this stands.
You need to see the paperwork, how much is owed. The harsh truth is that they "they" didn't ruin your life or aren't trying to ruin your life - "they" are simply trying to get their money back because your husband (according to you) made an agreement to pay and did not pay, did not negotiate new terms, simply let it go.
He's the one I would personally be angry with - he allowed this to happen because he's "ashamed"? Yes, I would be VERY unhappy with him.
In some States you can petition the Court for the return of some of the money.
How to keep your money from being touched by his creditors? Separate accounts.
sknight72
May 3, 2010, 11:59 AM
Yes, I knew nothing about it, but harbouring anger with him will serve no purpose other than to make a bad situation worse. I was angry at first, but once forgiven, the anger has to be let go of. I didn't know that everything then belongs to each other, thank you for that info. If you had read the header to my question you would've seen it says Kentucky bank garnishment, which would mean Kentucky is the state. And at no point did I ask if I should be happy or unhappy with him, or anyone's opinion regarding that, just if they could legally take all of the money since it was a joint account.
JudyKayTee
May 3, 2010, 01:10 PM
yes, i knew nothing about it, but harbouring anger with him will serve no purpose other than to make a bad situation worse. I was angry at first, but once forgiven, the anger has to be let go of. I didn't know that everything then belongs to each other, thank you for that info. If you had read the header to my question you would've seen it says Kentucky bank garnishment, which would mean Kentucky is the state. And at no point did I ask if I should be happy or unhappy with him, or anyone's opinion regarding that, just if they could legally take all of the money since it was a joint account.
Yes, they can legally take the money.
And again - why are you angry with "them" when this is your husband's fault. I think you are angry and it's misplaced. Now it's directed at me. You won't be the first or the last person who asked one question in the heading and another in the post. I didn't realize that asking you the name of the State would be such a big issue for you.
You post info on a board which is available to the public and you can't control the answers you get. Consult with an Attorney. He/she will not have any personal advice for you.
And you'll get the same legal advice.
DownUnder
May 3, 2010, 01:21 PM
Hello Sknight72
Check the laws for your state as Judy said you may be able to petition the court to get YOUR money back. It is better to have your own accounts in your name and then you will not have to deal with something like this again and I think you owe Judy an apology!
Fr_Chuck
May 3, 2010, 04:34 PM
At the end of the day, not forcing him to provide you with all of the facts is not going to solve anything.
JudyKayTee
May 3, 2010, 06:11 PM
at the end of the day, not forcing him to provide you with all of the facts is not going to solve anything.
Out of greenies but OP doesn't want to hear this - she'd rather financially go down the tubes than ask the husband what this is all about.
DownUnder
May 3, 2010, 06:26 PM
Sounds like she is living in denial
And doesn't care about her own credit.