I was married less than a year ago. Up to this point I have had a bank account for 13 years, no problems and no outstanding debt. But my new husband has a debt that is unresolved and now creditors/collectors has put a freeze on my bank account because I recently added his name. All of the monies in there are mine, direct deposit from my employment. Is this fair -- this is only my money, he has deposited nothing. I only added his name a month ago and two weeks later they have frozen my entire pay. Is there such a thing as an "injured spouse" claim for something like this -- Can someone help me?

I am sorry to say that you are stuck. Legally, a joint bank account is his as much as it is yours.

If he still owes creditors, I would strongly suggest opening a new account in your name only so that this cannot happen again.

You can file motion to Quash, since the funds are direct deposit to the joint account and you are not party to the garnishment, you have direct evidence that the funds do not belong to him. The court should release you funds to you.. What state do you live in?

Interesting. Is there precedence for this? Would it apply if both of them have deposited funds to the account?

In Maryland on joint accounts, if you can prove by direct evidence as to the ownership of the funds, the court in Maryland will release those funds. You must have direct evidence to that. Direct Deposit does have a trail to ownership, a deposit made to the bank by way of you filling out a deposit than going to the bank does not, can proof who owned the funds.

This matter is from a contract in which one party has defaulted, since the primary owner of the bank account is not partyto that contract, they are not responsible for that contract.

Since there is direct evidence to whom the funds belong, that is a challenge to the garnishement. Remember everything now is in commerce, it's all about contracts!

Yes but the burden of proof is on the person with the bank account, they have to prove that the money was normally in the bank only thouigh their income. But be asured they will be watching that account of any sign of the other partner putting money into it.

Thank you all for your responses. I am going to see what I can do with this and keep you updated here. I cannot believe I am the only one this has happened to and maybe my experience will help others. Again many thanks.

Is it possible to have garnishments even after a bankruptcy? What process do the creditors take to find out where one banks?

Thanks for the tips...

PACIFICVP

Hello,

In the state of Pa, I know you can be sued for credit card debt. I also know they can't garnish your wages. What can they do if you have no property or savings.

Sapphire:( :(

Can you please advise me on what is consider harrasement by a collection agency? Meaning can they call everyday of the week? Can they call before 8:00am and can they call after 8:00pm? Can they be down right nasty?

Please help,
Sapphire

At bankruptcy those debts that can be discharged will. Some debts as your bankruptcy attorney must have told you may not be. Fines, child support, student loansa and the such are not dischargable during banktuptcy. Also if you get new loans after the bankruptcy they can be garnished if you don't pay them.

If you have ever paid a ceditor they will have a copy of your bank account.
Also you have to apply for a bank account which means they run a credit check, which shows up on your credit report. So they merely have to check with any bank that runs your credit report.

I was not aware that PA could not garnish wages for credit card debts, most states allow it. They will get judgement and keep renewing it
(thus not being effected by statue of limitation) until you move out of that state, get a bank account or get some property.
OR of course they may give up and write it off.

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Originally Posted by Glorybzzz

Thank you all for your responses. I am going to see what I can do with this and keep you updated here. I cannot believe I am the only one this has happened to and maybe my experience will help others. Again many thanks.

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Your not the only one the same thing happened to me last week. You only have 14 days from the day it happened to ask for a garnishment hearing. Your husband needs to do that an tell them it was all your money. I think you might need to file a MOTION TO QUASH GARNISHMENT. Idon't know what that means but Ifound a sight an printed out the court document paper. Wish me good luck an hope all of the best for you guys!

We had a vehicle get repo'd (in the state of missouri) during hard times. Can that bank put a freeze on my checking account at a different bank?

Before your bank account can be "frozen" there has to be a judgement issued by the court,with that being said if your car was repo'd and sold at auction and at the sale it did not bring what you owed on it then yes they can take you to court and get a judgement and yes eventually they would find any bank account you have