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    JGW's Avatar
    JGW Posts: 1, Reputation: 1
    New Member

    Nov 30, 2007, 04:58 PM
    Bank Account Levy, joint account
    Today, a levy was placed on the joint account of myself and my wife, for a debt she had from a credit card company. Once I found out, I called her and had her call the lawyer, who then told her to dispute it, she would have to send a certified letter to the court, as well as the plaintiff, as to why the shouldn't take the funds.

    Now, after getting a bit of insight from a friend, I learned in PA, that though bank levy's are legal, with proper court notice, that we may be able to get the levy removed, as it was a debt that occurred before we we married, as well as the fact that it is not in my name. All of the funds going into the account for the last few months have been from my paychecks alone, as she has been unemployed for quite some time, having bad luck and all.

    Is this right? What do I need to do if so? Also, though the levy was placed on the funds in there at that moment, if anything is deposited after the fact, ie: direct deposit paycheck 2 days later, is the newly deposited money accessible? I read that the initial funds are only what is included in the levy.

    I really need to know, as the initial funds, and the deposit to come were to pay our rent, and may get us evicted if I can't free any of it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Nov 30, 2007, 05:14 PM
    First, if they have a judgement against here (and it appears they do), then they can legally attach any account she is listed as joint owner on. Did you not know she had a judgement against her?

    You can go back to the court that issued the levy and ask that it be vacated on the grounds that the only funds in the account were from your income. This means you will need months of statements to show where the deposits came from and what the balances were.

    The laws vary and it depends on the wording of the court order. It could only be on the balance at the time it was served or it could refer to any further deposits until the debt is paid.

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