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What is a good argument to go to court with for objecting a garnishment?
The creditor garnished my mother's account. My name is on the account, but the money is not mine. I have a court date and was advised to come to court with a good argument. Other than stating the fact that the money isn't mine. What other argument would help.
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You don't have an argument, huey. It was your mom's account (is she deceased) and you were probably named on the contract as a secondary card holder, or a cosigner. Someone has to pay it... you maybe... if your mom cant, for whatever reason. Trust me, they have done their homework and know what they are doing. Tick |
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Actually you really have no argument, she does, she should have filed to protect her money. She will have to come in and show how it is her money, show where the money came from, deposit reciepts, proof of where the checks deposited came from and more. The burder will be on her to prove why she should be given her money back |
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Basically when you have a bank account in both names the money is either/or meaning that the money is all yours if you decide to drain the account or all mom's if she decides to drain the account. This is the way the creditor is thinking about the account's contents. The Judge may rule in mom's favor if she can prove the money in her account comes from Social Security Retirement or Disability. Otherwise the creditor is going to keep it if the source of her money is neither of those entities. |
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