I was divorced last year. We have two children and I am still struggling. I was the first signer on my ex-husbands truck, he was the "co-buyer." In our decree he was declared responsible for the truck payment since I have the house and all other debt - which I pay regularly, but not easily. My ex said he was making truck payments, however he was not. The truck was reposessed 5 months ago. I know that I am still responsible for the remaining $12,000 since my name is on the truck loan. I do not need to be told that again. My question is, can they garnish money from the savings account in which child support is deposited? Can they garnish money from my daughters savings account that my name is on? I would like to have a chance to go to court before the money that I need to live on is frozen or garnished. Any advice/answers appreciated.

If you are responsible for a debt then they can sue you, obtain a judgement and garnish any assets you have. It depends on how your name is on the daughter's account as to whether they can attach that.

The good news, though, is the divorce decree MAY absolve you of responsibility. I would go back to your divorce attorney and discuss that.

Thank you. I wonder if they would give me a chance to state my case in court first, or if they will just take the money without me knowing? Or if I should withdraw my money and put it under a relatives name until this can be settled in court in a fair way between my ex and I. I just don't want them to be able to take my savings money and then not be able to get it back. I don't want to go to my lawyer quite yet as I still owe him $200, and he's never been very imformative. I just want to know the facts before I fork out more money for nothing. Thanks again!

No, you cannot be sued without your day in court unless you give it up. They have to serve you with papers detailing where and when.

I still suggest you go back to your attorney. He drew up the divorce decree. He can tell you over the phone, whether that decree absolves you of responsibility. If it does, if they contact you for payment, just send them a copy of the decree.

Oh yeah, I forgot to mention, I was already told by the bank that they do not honor divorce decree's, my lawyer knows this, I spoke with him after it was reposessed. So I guess I'll just have to wait for a letter from them about a date to appear in court? And a judge will decide - taking into account our decree - who owes what amount? Until then I'm still a little frazzled about account and wage garnishments.

Which bank? The one that did the car loan? Its not up to them whether to accept them or not. It's a matter of law! But this is where I get on thin ice. I do not know whether a divorce decree approved by a judge constitutes a court order absolving you of responsibility. That's what your atty needs to confirm. If it does, then the bank can whistle dixie for all the good it will do them. However, if it doesn't, then can hold you responsible and the judge can do little about it.

I'm not surprised the bank would say something like that to you, whether its true or not. They are trying to intimidate you to pay.

US Bank. They can hold me responsible since my name is listed first, but the loan still has his name on it, we both signed for it, I just happened to sign first so they're coming after me. I received a letter last week stating that they will settle with $11,500. These letters are always addressed to me and written to ME, never is his name mentioned. Weird. I never drove the truck (not that they care about that). It sounds like I will have to take my ex back to court if they decide that I am solely responsible for all of the debt.

Hello, a divorce decree holding him responsible for truck payments does not take away your legal responsibility for the loan, too many divorced people find this out every year, on car loans, house loans, personal loans.

The only way was to demand at divorce that he refinance the truck in his name only. Even if you have been the co-signer and he the main lender the divorce does not protect you from them coming after you.

It does allow you to go back to family court and then sue him for the money you are forced to pay, since by him not paying he is now in contempt of the divorce order.

This is a very misunderstood thing, to many people believe once the divorce decree says the other party is responsible to pay, that it changes the terms of the contract, it does not, it merely give you a remedy to sue in family court if they violate the agreement.

But no it is not weird to be addressed to you, they have most likely tried to make him pay and he has not, but to the bank you are still the main lender also. The divorce is only an agreement between you and him, to the bank the old agreement is still in place ( and it is)

And it is not that you are solely responsible but they go after the person who has the most money, are the one they believe they can get the money from.

So you are going to have to go back to several courts, a hearing on a judgement on the truck, they will win that ( you would have been better working out a deal to keep the truck and continue payments and make up back payments) Then selling the truck.

But then you will have to go to court , back to family court to order him to pay you what you have had to pay out.

That's why I suggested asking your atty. I was not sure whether the divorce decree, even if approved by the court, was legally binding on the creditor. Chuck apparently believes its not and he seems to have greater knowledge on this than I do. Frankly, I think that sucks, but that may be the way the laws are written.

I already know everything you have stated. In my first entry I stated "I know that I am still responsible for the remaining $12,000 since my name is on the truck loan. I do not need to be told that again."

Knowing what could have been done in the past is useless to me now. That being said my only question was:
My question is, can they garnish money from the savings account in which child support is deposited? Can they garnish money from my daughters savings account that my name is on? I would like to have a chance to go to court before the money that I need to live on is frozen or garnished.

Anyway, I'm going tonight to withdraw all of my money and put it in my mothers account.

Your question was answered with my first response. However, we try to help people here. Sometimes that help goes beyond the specific question asked.

I know, I'm sorry, I was not referring to your response, thanks for all of your advice Scott!

To cari0- They can freeze your bank account but if your daughters account is a minor account with both your names on it, I don't think they can take that because that's actually your daughters account, not yours, the only reason your name is on it is because she is a minor. I would not leave any money in any accounts of your own, cause you never know when they might take it. They can garnish your wages, they can take 25% a week, but you will be notified of this first and usually will take a couple months or so, and you will get a chance to settle first. And just F.Y.I. -I have had a car repossessed & been threatened a lot of things including garnishment of wages & it didn't happen. So keep your head up!

Thank you, that makes me feel better!

I process garnishments for a living. And Yes they can attach to the accounts and then it would be your responsibility to prove where the funds came from proving that they are child support, if cash deposits very hard to prove in court. Best bet to move the money to accounts that do not have your name on them!

I do have proof, it was all direct deposited from Child Support Recovery, but it doesn't matter now since I withdrew it all and gave it to my mom. Thanks for the info!