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The actual creditor released the lien. Once the proof was provided that the funds were government and retirement funds and the rest were my funds, they had no choice. I am sorry, but you are giving me advice that is not correct. They cannot attach my funds and they cannot use her funds. In the meantime, I am working to pay off this debt. The bottom line is "KNOW YOUR RIGHTS". Thank you all but I am done with this
Joint owners cannot be held responsible for each others debt unless they are married.
Again, you are not understanding what we are saying. We have told you that you are correct that you can't be held responsible for your mother's debts. No one is disputing that. And no one has given you incorrect advice.
But that neither a creditor nor a judge knows what portion of a joint account belongs to one party or the other. Nor do they know the source of the funds in the account. So its is perfectly legal for the holder of a judgement to petition the court for a writ of attachment and for the judge to grant it. The bank is then compelled to honor the writ.
The account owner is then required to prove what the source of the funds are. Generally, they would have to prove this to the judge who issued the writ so it can be rescinded.
In your case, you were lucky that the plaintiff realized that you would get the writ rescinded and rather than force you to go to court released it. They did not have to do so.
Finally, before you denigrate someone's advice, you should try understanding it first. If you had gone back to the court instead of the plaintiff in the first place, you might have speeded this along.
Ok, I went and read the Wiki answer you linked to and it says EXACTLY what I and others said to you in the beginning.
Scott, simply said, I was told on this board that the ONLY way to remove the lien would be with a court order. Now I know for a fact that is NOT true.
In essence, while I know that all of you tried to help, I feel I was misinformed. My opinion, that's all. I spoke with Bud Hibbs and he informed of my rights and I took it from there. I understood your advice, I am not illiterate nor am I stupid. As you can see there was no NEED for me to go to court. I did it myself, something you seemed to think I could not do. I did it without having to miss one moment of work, or go to a court.
The account was frozen Monday night, I spoke with the plaintiff Tuesday am, faxed the proof and the lien was removed Friday by 9AM. I don't think the courts would have been any faster.
Remember, that you told us that after initiallly contacting the plaintiff, they were not answering your calls. Given that information I stand by the advice I and others gave that you needed to get the court to rescind the writ. I further maintain that that's the way you should have gone in the first place.
You should consider yourself lucky that the plaintiff released the hold. They did not have to do so and that is certainly not the experience most people have had.
The people here informed you of your rights. They also informed you of the best way of dealing with the situation.
Thanks anyway!
Judy, I am not looking for an argument merely an answer. The one you gave was nasty. You have since edited it.
Hildie, my own opinion is that you were not looking for an argument or confrontational, (never sensed that tone from your posts) you were just very sure of how you wanted this to turn out and you made it happen, good for you! My opinion has nothing to do with how this whole thread played out. I just couldn't help but state this. Scottgem's advice is always exceptional though.
Glad you got it all settled, although, some people would not be so lucky.
Ms tickle
Thanks Tickle! I think you figured me out!!Quote:
Originally Posted by tickle
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