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    skj1967@aol.com's Avatar
    [email protected] Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Dec 12, 2009, 04:24 PM
    Joint account levied
    My husband's paychecks have been garnished since we have been together paying on back child support to the State of California. Our joint account was just levied although he is still making weekly payments. The money in the account at the time was from a bonus I received from my job. What legal action can I take to get the money back? We currently live in the State of Alaska.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 12, 2009, 05:20 PM

    You will need to notify the bank ( was the money merely froze at this pont ?)
    And file with the court to return this money. You will have to show proof what part of the money is yours.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Dec 12, 2009, 06:35 PM

    You need to find out what court or agency issued the attachment order against the account. You then file a motion to vacate the order on the grounds that the money deposited was not your husbands.

    However, this may be a longshot. You made a bif mistake having a joint account with someone subject to a garnishment,
    XTC832's Avatar
    XTC832 Posts: 60, Reputation: 6
    Junior Member
    		  
    #4

    Dec 12, 2009, 07:04 PM
    Agreed. You can challenge the court order but you need to prove what money is his and which is yours. And the burden of proof can be overwhelming. Joint accounts are like the kiss of death when judgments attach to them. Anyone on that account will be affected. File a motion with the issuing agency and hope for the best. I suggest you open a separate account in your name so your funds are not affected in the future.
    skj1967@aol.com's Avatar
    [email protected] Posts: 2, Reputation: 1
    New Member
    		  
    #5

    Dec 13, 2009, 07:01 AM

    Thank you for the replies. I have already opened new accounts in my name only. How and what do I file with the issuing agency? They are out of California and we are in Alaska.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Dec 13, 2009, 08:16 AM

    The attorney who is handling your husbands legal issues with them can do it. So you will have to file a motion in that court. California court is often more "people" friendly than many, you may look at their web site and often they actually provide forms.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #7

    Dec 13, 2009, 01:36 PM

    You have to go to the bank and find out where the attachment order came from. That will tell you.

    By the way, it is NOT a good idea to use your e-mail address as a screen name here. This is an open forum. So I suggest you stop using this account and create another with a more anonymous name.
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