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Mizz2koolk · Feb 6, 2013, 02:36 PM

I received an alert from my bank saying my acct bal was $0.00. When I called the bank they said they were served a judgement of execution to seize all my money because I owed money on a credit card. I was never Informed or received anything regarding this! My husband and I have split after 34 yrs and the only money I get is what he gives me, he is out of work and they took every cent I have, I know that when wages are garnished that they take a percent until paid, Is theree anything I can do I called the collection agency they said there is nothing I can do I have to pay the full amt which is $1000.00. In the years I have been Married I have never worked my husband is the sole provider. Also we are not divorced or legally separated

ScottGem · Feb 6, 2013, 05:33 PM

The only way they got a writ of execution is by getting a judgment against you. Are you sure you were unaware that a judgment had been awarded against you? If not, was this a joint account and could the judgment be against your husband?

If neither of you were aware of this judgment you ask the bank for a copy of the writ. You then go to the court and ask that the writ be vacated for improper service. But, unless you can show inproper service, then the writ is valid and they are entitled to seize the entore balance.

Fr_Chuck · Feb 6, 2013, 05:55 PM

The credit card company has sued you. They were suppose to give you notice. You can go to the court house (in person) and review how service was done by the credit card company.

Once they have a judgement, they do not notify you of any garnishments.
They may take all of the money in any bank accounts, they do not just take part.
They would take part of any pay check you get.

I would add, you have been separated from your husband for 34 years and he was still giving you money each month ? If you were separated for 34 years why did you never get a job to earn money of your own?

But it is now time, not a good time, but if you have no money, he has no job, you will need to get a job now.

If they did not properly notify you, you can appeal the judgement, but it will take weeks, if not months to do this, and they have the money till then

Mizz2koolk · Feb 6, 2013, 06:00 PM

Originally Posted by ScottGem

The only way they got a writ of execution is by getting a judgment against you. Are you sure you were unaware that a judgment had been awarded against you? If not, was this a joint account and could the judgment be against your husband?

If neither of you were aware of this judgment you ask the bank for a copy of the writ. You then go to the court and ask that the writ be vacated for improper service. But, unless you can show inproper service, then the writ is valid and they are entitled to seize the entore balance.

Thank You for your Answer, as for joint account, no this is my personal Account,
Also I knew nothing about this until my bank sent me an alert saying my account was $0.00. The Sheriffs served the bank with a Judgement to seize all monies in my account, which was all the money I had. My only Income was what my husband deposited in my Account, which has stopped because he is out of work. We have split up after 34 yrs of marriage, so now I am broke with no money to live on.

Fr_Chuck · Feb 7, 2013, 12:25 AM

Long before the garnishment, there would have been a court hearing, perhaps even a year or two ago, Where they got the actual judgement.

So it is time to go to work, if you have no money, no income and no job

ScottGem · Feb 7, 2013, 04:17 AM

If this account is solely in your name, then the judgment had to be against you. The judgment does not need to be very recent, it could have been years ago. Are you saying you have no knowledge that you owed someone money?

But my advice still stands, get a copy of the order served on the bank and go to the court that issued the order and find out when the judgment was entered and how service was done. If you were not served, then you may be able to get the judgment vacated. The monies are still in the account, but frozen to give you time to act, but you need to act quickly.

If you can get the judgment vacated and the writ released. This is only a delaying tactic. You will be served properly before you leave the courthouse.