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mehrshad
Dec 9, 2012, 04:36 PM
My husband and my mother has joint account with me two days ago I noticed there is garnishment against account from year 2007 can they withdrawal this fund from our account? Bank has it on hold

smoothy
Dec 9, 2012, 05:03 PM
If they have a writ... they can go after anything that has the name of the person the writ is against on it. They can periodically renew that writ indefinitely until the debt is settled.

mehrshad
Dec 9, 2012, 05:07 PM
If they have a writ...they can go after anything that has the name of the person the writ is against on it. They can periodically renew that writ indefinitely until the debt is settled.

But it's not my money I just authorize to use the account

smoothy
Dec 9, 2012, 05:49 PM
If the name is on it.. its fair game. YOU will have to prove to them that none of the money was put into the account by the person who has the writ against them... if you ever hope to get any of it back.

ballengerb1
Dec 9, 2012, 07:20 PM
Who caused the garnishment, when and what for? Was this account set up with all 3 of you before 2007? Why on earth would you want your mother to be on your account and your husbands account?

ScottGem
Dec 10, 2012, 04:15 AM
If someone has a judgment against a person, then the judgment holder can go after any assets they are listed on as owner.

Your recourse is to go to the court that issued the writ of attachment and petition to vacate the writ on the grounds that none of the money deposited in the account is yours. You will, of course, have to prove that..

Fr_Chuck
Dec 10, 2012, 06:56 AM
They can and will, you will need to prove it is not your account and prove most likely that your money does not go into that account