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ppalmernc · Oct 17, 2007, 03:39 AM

I recently put my wife on a new checking account I've opened. Upon reviewing my account I noticed a withdrawal transaction to the tune of $2600.00 . The transaction description was SUBPEONA.
When I went to the bank I was informed of a judgement. After contacting the attorney resonsible for the withdrawal, I was told that the actual debt was a little smaller then what was owed. My wife and I would have to sign a conditional release allowing them to take the owed balance and releasing the overage back to my account.
I explained that I never received notices or anything, should I have received something before my account was ransacked for a debt I didn't even incur?
It didn't seem like I had a choice, so we signed the paper while at the bank and they faxed it to the legal dept. Should I not have done this?
Is there anything I can do now?
It also looks as if I need to go back to the bank, now I don't even see my account online.
Oh, I don't feel so good.

ScottGem · Oct 17, 2007, 06:23 AM

First as to whether you should have received a notice of the attachment, the answer is no. However, you (or your wife) should have been aware that a judgement had been obtained against her. Once you added your wife as a joint tenant on the account it became an asset of hers and subject to collection for any debt she owed.

Since you have already agreed to have the funds transferred to pay this debt it may be too late for you to do antyhing about it. But if your wife was never served notice of a suit over the debt, you might be able to vacate the judgement on that basis. Also, if you can prove none of the funds in the account were hers, you might be able to get the funds back.

ppalmernc · Oct 17, 2007, 06:38 AM

What would be my next step? Do I need an attorney, is it worth the trouble or should I just chalk it up to experience and take her off the account?
As far as the money being hers, she hasn't worked in 5 yrs. It was all my money. She was put on the account so she could take care of transactions for me. The money in the bank was from my disability pension.
Another question comes to mind, she's on the deed to the house. What kind of trouble could I expect from that. I'm in NC, they said I had to put her on the deed when I bought the house, that was against my better judgment. I'm paying the mortgage.
Thanks

ScottGem · Oct 17, 2007, 06:44 AM

Obtaining an attoreny would be a good idea. If the amounts in the accoutn were all from Social Security disability or only your disability and you can prove that, you should be able to get all the funds released, if they haven't been taken already.

But you need to move fast and an attorney can help you move fast.

As for the deed, I wouldn't worry about that. Its unlikely they can do more that file a lien against the property and that just means the debt would have to be satisfied before the house can be sold.

You didn't answer whether she was aware of the judgement.

mr.yet · Oct 17, 2007, 06:45 AM

File MOtion to Quash the levy, file a third party claim against it. As long as you can prove the funds in that account are your only, the court will have to release the levy.

You must to positive proof of the funds.

ppalmernc · Oct 17, 2007, 07:28 AM

First off, the funds had already been taken. I guess that means I said goodbye to the cash.
Next, she never received notice of the judgement, does that mean she didn't get due process? If so, does this help?
What is needed to prove the money was from my retirement. It was deposited by check from NYC retirement fund. If this helps, I guess I could get a print out of the check.

ScottGem · Oct 17, 2007, 07:47 AM

You would need to get a copy of the checks and match them to the deposit slips.

If the money is now in the hands of the creditor then you would have to file suit in small claims court to get it back. The basis of that suit would be that she was never properly served and that the funds were not hers.

ppalmernc · Oct 17, 2007, 12:04 PM

Lets say that happened, would she then be subject to arrest since she still owes the money?
Even if it was found that she wasn't served correctly, she still owes the money.
Bottom line is, my feeling got hurt, my money got taken, now lets move on.
Thanks, you've been a great help.

ScottGem · Oct 17, 2007, 12:19 PM

No, debtor's prison went out in the 19th century.

If the original suit wasn't prosecuted properly it could be there were other things wrong like the amount or the SOL. You might be able to negotiate a smaller amount if you fight.

ppalmernc · Oct 17, 2007, 01:19 PM

I went to the bank to see if the check from the legal dept could be stopped. The answer was no, because I signed the conditional release. The collection agency will get the check next week.
I wish I would have found this site before I signed that paper.

Thanks for your help

mr.yet · Oct 17, 2007, 01:26 PM

Send A Bank A Certified Letter Stating Your Signed Under Duress, And Don't Consent To The Transfer. TEll them you were not apprise of your rights before signing.

This Is Put Them Is A Position They Don't Want To Be In.

File Motion To Vacate With The Court For Improper Service .and Mail A Copy To The Bank