I live in Virginia. I have my daughter on my checking account. Capital One issued a garnishment against her that froze my accounts. They are telling her she has to request a hearing asking for the account to be unfrozen but also must be able to prove that the money in the account is not hers. VA deposits Child Support into my account each month. She promptly either withdrawns the funds the same day or transferrs the funds to another account. My paycheck is due to deposit in three days, if I was not able to redirect it. Is there a legal way to unfreeze my account without too much inconvenience?

1. Advise your employer and VA immediately to not deposit your payroll to that account.

2. Proving the money is not hers will be difficult and time consuming

3. Stop any further money from going into that that account and let the court action take it's course.

I'm not saying "lay down and take it"; you will continue to try to come out with it with as little "damage" as possible.

And yes, you can try to fight the ownership of the money issue if you have plenty of money to get an attorney to fight it for you, but the fact that your daughter's name is on the account makes it "her" account in many ways - so the fight would be a difficult one.

I'm not an attorney, but was 10 years in credit and have seen this many times.

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Originally Posted by HoneyRed

I live in Virginia. I have my daughter on my checking account. Capital One issued a garnishment against her that froze my accounts. They are telling her she has to request a hearing asking for the account to be unfrozen but also must be able to prove that the money in the account is not hers. VA deposits Child Support into my account each month. She promptly either withdrawns the funds the same day or transferrs the funds to another account. My paycheck is due to deposit in three days, if I was not able to redirect it. Is there a legal way to unfreeze my account without too much inconvenience?

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Yes, do not use this account anymore. Open a new one, at a different bank. Go to the court and ask for the forms to file a motion. File a Motion to Quash the garnishment due to joint ownership of the account. Take a copy statement showing your deposit and what they are and from whom. This Motion to Quash will prevent Capital One from removing and funds in the account, until motion is heard.

Thanks for the information. It was very informative.