Hi, My question is, can my husbands bank account be frozen for a judgement against me. I have a pending judgement against my own credit card, which he was a user, but the account was in my name. I was told to get my own account since they will probably freeze our joint account that I used to pay on this credit card. My husband has a savings account in his name only, can they freeze this account as well?
Thank You for any help you can offer.
Deb

Hmmm...

Well, they cannot do anything to your husband if he is not a debtor to the account. Unless they have a judgement (not "pending") the bank will not do anything to your account. To be quite honest, I've never heard of an account's assets being frozen for a court judgement (only terrorists accounts that are frozen by the FBI or something).

Keep in mind, unless you tell them your bank's name, address, and account number, they don't even know you have the account, nor the balance. They'll have to start from scratch with their all mightly judgement and try to find assets they can grab from there. However, the only thing you really need to worry about (at least right away) is garnishment of wages.

If you work, they can cause your employer to take a portion of your check and send it directly to them. However, though laws very state to state, I don't know of any state that allows this from a judgement...

See, they'd have to pay their attorney AGAIN, to go to court, AGAIN and bring their judgement against you to get a "court order" that is the actual power document that would require the employer to garnish a portion of your wages to send to the creditor (or holder of the judgement against you).

If you have a judgement against you, that just means you failed to divert the plaintiff from proving you owe the disputed debt. That judgement doesn't give them access to run your life. :)... good thing, ehh?

You're husband's OK as long as he's not on the account. I wouldn't worry too much about bank accounts or any assets that the collection agency doesn't already KNOW you have. Any accounts, cars, stocks, bonds, etc. They have to do their own private investigation work to "find" those little hidden treasures before they can attempt to use their impetent judgement to request a court order to grab your stuff.

As a precaution, YES, I would probably avoid dumping $50,000 in an account with just youru name on it (or maybe your name period), but seriously, that's quite a bit more paranoid than you need to be. I'm just a paranoid freak, so that's what I would probably do, but seriously, that is a little overboard.

Don't fret... good luck! ;)

If there is a judgment against you than they will garnishment a joint account even thought your husband is not party to the suit. As for his saving account, they cannot touch it.

Have your hasband File a MOtion to Quash the garnishment, this will delay them bank from releasing the funds frozen.

You can file Motion to Vacate the Judgment, for various reasons, lack of proper notice or service, lack of jurisdication, failure to validcate the alleged debt.

Did you go to court?

First, They can garnish or attach ANY bank accounts that you are a joint tenant of. They cannot attach any accounts that you are not a joint tenant on.

Second, While the onus is on them to find your assets, you indicated the joint account was the one used to pay them. Therefore, they already have that info. So it would make sense to close that account and open a new one.

Third, They can garnish your wages, but it does not always mean going back to a court hearing. They simply take the judgment to a the judge and he signs a court order which is then given to the employer (or bank).

Quote:

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Originally Posted by ScottGem

Third, They can garnish your wages, but it does not always mean going back to a court hearing. They simply take the judgment to a the judge and he signs a court order which is then given to the employer (or bank).

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Well, this is pretty much what I stated. When the creditor takes their judgment and goes BACK to the court to use the judgment to request a court order from the judge, in many jurisdictions, the proceeding that is held for this "request" by the judgment holding creditor is called a "hearing". The judge hears the creditors request (based on the fact that a judgement is held against the debtor) to have the judge issue a court order. My point was that a judgement does not "empower" the creditor to go to the debtor's bank and say, "Look here, I WON the lawsuit, now give me this person's money in 'said' account."

LOL, I wasn't suggesting that the whole case would go back to trial. :)

I did not go to court. I went and talked to a lawyer who wanted $900 up front to file bankruptcy for me.

Sorry, but, from my knowledge and experience, that proceeding is NOT called a hearing. Generally a part of a judges day is spent signing such things. The creditor submits the form to the judge's clerk, the clerk puts it in with a bunch of similar requests and leaves it on the judge's desk for signature. After signing the clerk then distributes the requests to the originator.

Quote:

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Originally Posted by madcadgram

I did not go to court. I went and talked to a lawyer who wanted $900 up front to file bankruptcy for me.

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How much is this debt? You said a "pending judgement". Does that mean you received a summons? Have you answered it with your intention to defend? You asked some specific questions which we answered, but lets go back to the beginning, maybe we can help you avoid the judgement.

When I got the summons I went to the lawyer. Hence the $900. I have been looking for another one and trying to get the money together to pay one. It has been more than 30 days and I am assuming they will freeze my bank account. I live in PA and they cannot attach my wages.

Quote:

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Originally Posted by ScottGem

Sorry, but, from my knowledge and experience, that proceeding is NOT called a hearing. Generally a part of a judges day is spent signing such things. The creditor submits the form to the judge's clerk, the clerk puts it in with a bunch of similar requests and leaves it on the judge's desk for signature. After signing the clerk then distributes the requests to the originator.

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Actually, ScottGem, you're probably right. I don't know for sure that technically is a hearing (as a hearing usually involves both parties). I guess I was making the point that the judgement only shows that a judgement was won, but that there is additional court paperwork that must be filed for to garnish wages or cease assets and that the judgment, in and of itself, offers the creditor no direct power to do so.

Thanks for the additional clarification. ;)

So you received a summons which said you had to file a motion to defend within 30 days and you DIDN'T?? You don't need a lawyer to do that part. You better see IMMEDIATELY if you can still file. Otherwise you hand a judgement to them. This is what they want because it means they don't have to prove that you actually owe the money.

Quote:

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Originally Posted by madcadgram

When i got the summons i went to the lawyer. Hence the $900. I have been looking for another one and trying to get the money together to pay one. It has been more than 30 days and I am assuming they will freeze my bank account. I live in PA and they cannot attach my wages.

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I'd still try to file an 'answer' with the court. Even if it is past their 'deadline' the judge will make the decision on whether to accept your answer. The fun part is that he almost HAS to at least consider your 'answer' if you file it. Whether he tosses it, is up to him, but if you file with the clerk of the court, the judge will make that decision.

Even though you're past 30 days, get an answer filed. The Judge may be familiar with the tactics of the scavengers and allow you additional time to file an answer. I wouldn't spend money on an attorney that you probably won't need anyway. My "answer" was as simple as opening Microsoft Word and typing a letter that "this letter serves as my offical answer to the complaint referenced above", and I referenced the court case number in the subject like of the letter. I'm not lawyer and didn't fully know what I was doing, but I knew I wasn't going to just sit back and let the collector's win.

You MUST file an answer to the complaint against you. If you need to type it now (it doesn't have to be perfect, the judge will take into account you're not a professional lawyer), print it and drive it to the court house today. Ask for the clerk's office for the specific case number that has been assigned to your case and they'll direct you to where you need to go. If they're like the court I went to, bring TWO copies of your letter and they'll stamp yours showing it's been officially filed under the case.

If you file an answer (and the judge accepts it, and sets up a hearing) two things are likely... Either they will drop the suit, or they will NOT show up for the hearing. If they DO NOT drop the suit, YOU need to be there in the court room and have a "motion to dismiss" prepared to file with the court the day the creditor "misses" their appointment to face you in court.

That makes things look pretty good for your request to 'throw out' the lawsuit. The creditor's absence showing that they don't care much to sue you to take the time to show up. :)

I just talked to the court. The paper I have is a summons. No hearing date has been set I guess.

Quote:

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Originally Posted by madcadgram

I just talked to the court. the paper i have is a summons. no hearing date has been set i guess.

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That is correct. But you had 30 days to answer that summons. If you don't file a Motion to Defend, then no court date WILL be set. Instead a default judgement will be entered against you. You need to file that motion. That should be explained on the summons.

How do I go about writing this answer? What do I put in it?

Quote:

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Originally Posted by madcadgram

I just talked to the court. the paper i have is a summons. no hearing date has been set i guess.

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Yes, that's pretty standard. Like ScottGem stated, the court doesn't want to set a court date (and fill up their calendar) unless they feel pretty sure that you're going to show up. Once you file an answer to the complaint, they at least know you're living and breathing. :)

File an answer (basically, a letter stating that you do not agree with the complaint - keep it simple and short, remember, the court room is the place to argue over the debt, not the paperwork). The answer simply keeps the collector from getting an automatic win against you (default judgement).

I can almost guarantee you (depending on the amount you're being sued for) that they creditor will drop the suit once they realize you were too smart to just "let" them win a default judgement by doing NOTHING. :)

Otherwise, you may need to file ONE more document and appear in court briefly...

If the case is set for a pre-trail hearing, then you'll want type another letter calling it a "motion to dismiss" (the motion is simply a request to the judge to toss this suit).

Again, keep it simple. You'll be in the courtroom ALONE, the collector WILL NOT show and you can almost simply say in your motion to dismiss, "I'm here, they're not, throw it out man!"... but you probably want to keep it more professional than that.

Just keep it short. I don't know who this collector is. I'm even 100% sure it's MY debt they're referring too. I'm unsure of the formula they've used to calculate the balance. They've not provided me with documentation showing where they acquired the account from, etc.

The judge with like you if you keep it short and simple. Do not get long winded and talk and talk and talk. (or type and type and type, in your letter - like I sometimes do on this forum :) )

Good luck!

There may be a form on the summons. Otherwise a simply letter referencing the summmons and case # and just stating, I intend to defend against this suit.

Thank You all. I'll try and get back to you

Hi I am back from the courthouse. They told me that the letter is not in the proper format for our county. I had the prothonotary office file it anyway. Hopefully this will work out. I will research forms on line.
Thanks again

If they say its not the correct form, then they should have provided you with the correct form or where to get one. Don't let them intimidate you. You have rights. If there is anything you don't understand ask questions. Don't let they palm you off on someone else until you understand what's going on.