I logged onto our Bank of America account yesterday and saw that both my checking and savings accounts were completely wiped out. I called BofA right away and they gave me a phone number to the creditor. Come to find out it was for an outstanding debt of my husbands from at least 10 years ago while in his previous marriage. The ex has since filed for bankruptcy so is not liable for anything. The total amount owed is around $3400 and they took about $1265.

My question is, now that they have garnished the bank account, do you think there is anyway they would consider settling, perhaps except a lessor amount than what is owed? We can pay an additiona $500 to $800, but nothing more. Of course we won't be putting any money in that account until this is resolved.

What makes us so angry is that we had no knowledge of this judgement - we moved to a different state 2 years ago and have never received anything in the mail about this. Also, I am a stay at home mom and my husband is the sole provider and head of household. Shouldn't that have some weight?

Thanks and please help!

First step is to get a copy of the court order from the bank. Next you check to see if the judgment was a default judgment. If it was you can request that the judgment be vacated due to improper service.

If that doesn't fly, then you ask that the writ be rescinded on the grounds that the balance in the account was solely from your current husband's income and he has no standing in the judgment.

Thanks Scott - can you please clarify what you mean in the last paragraph? Since this judgement (which we have yet to see) probably happened in another state, can we get it transferred to our state? Not sure how that works.

You may have to initially fight it in the court that issued the judgment.

Yes you will have to fight it in the state where it was issued.

The idea is that your current husbands money can not be taken, only your money,

1. he needs to open his own account to put his checks in, since they will just keep taking any money he puts in.

2. he can file to get his money back, he will have to prove what money in the bank was his and what was yours.

Fr_chuck - You mean that I should open an account just in my name? The debt is in my husbands name.