[lynetteangelina]

--------------------------------------------------------------------------------

Capital one sold my $890 debt to a lawyer who has won a judgement against me in a court of law. I also have a judgement against me from a broken lease with an apartment complex for under $5000. I had previously tried to make arrangements with both parties to no avail. I do NOT have a bank account anymore. Only my husband has a bank account, but my name is NOT on it. My name is not on ANY bank accounts anymore. The state I live in does NOT allow wage garnishment for civil matters.
Proof:

Wage attachment is prohibited in South Carolina. SCCLA 37 -5-104.

From: http://www.fair-debt-collection.com/...hments.html#41

Questions:

Can my husband's bank account be garnished or frozen if my name is NOT on the account and the judgements do not involve him. In fact, all are against me and use my maiden name (Not that the maiden name makes a difference.)

AND

If checks from my job are directly deposited into his bank account, and again the bank account is in his name, will they be able to attach to the bank account because my wages are in there as well, or does my name have to be on that account for them to do that? I have tried to stop the direct deposit, but it is mandatory with my job.

And before any judgemental responses are posted, please know that I am getting back on my feet after a major medical set-back and have made ample attempts to contact both parties. My husband and I are on a very tight income, and are basically left with about $250 a month AT THE MOST after bills, and that's only for the amount of time that my student loans are in economic hardship deferrment status. If a bank account is garnished, we won't be able to pay our rent, power bill, and will subsequently be on the street.

Oh, and the lease was broken because I was laid-off from my job and the landlord refuses to compromise in wanting a set amount of money up front. When I wouldn't sign for an agreement to pay him $1000 dollars up front and $500 a month, he sued me and won.
Serious responses ONLY.

I am not trying to screw anyone. I am just trying to keep my head above water. I know that there are people who might be inclined to post snide or judgemental remarks, as I have been reading through the posts and mulling over asking my question here. I am terrified to ask, because I don't want backlash. I have had enough badgering and harassment from creditors and that bloodsucker of a landlord.

[Fr_Chuck]

They can take it to court, and ague to a judge, that although your name is not on the account, since you use it as yours, and have your money directly put into it, that the money in it, is indeed your money, not his.

It will be up to the judge.

So yes it is possible they can try and get it, if they know it is going into it.

[lynetteangelina]

Thanks. Essentially it would be fairly difficult for them to garnish my husband's account, because they would have to go back to court and get proof that my checks are being deposited into there. Question: I know I am a sitting duck with the direct deposit of my paychecks going into my account, but is there anything I can do to cushion myself from this, or is my only option to sit back and wait for it to happen?

I am sure, being capital one, that it will be easy for them to get a hold of where I work--and if they figure out where I work, can they contact my job, furnish the judgement against me, and get the information that my pay is going into my husband's bank account? I don't know how else they would figure that out. If they learn that I don't have a bank account, and know I am married, and find my husband's account, they can't just give the bank the judgement and get the funds. They will have to prove some funds in there are mine. How will they find that out? I am sure it will be easy for them to get it, but wouldn't it be rather detailed?

Literally, I running scared to the point where I plan to go to the bank each day after a direct deposit and withdraw my check.

[slowandeasy]

Why do you have your checks go direct deposit? Why not just get a paper check and cash it at walmart or some where that only charges a couple of dollars to cash a check. I do agree with FR Chuck that if they can prove that your check is going into your husbands account it would be taken and trust me creditors will do what ever to get their money.

[lynetteangelina]

Because my job requires MANDATORY direct deposit. Believe me, I have tried to get it done otherwise. Like I said, the best fix I can think of is to withdraw the money as soon as it goes in. I don't know of any other way...

[slowandeasy]

I do not know of anything to do since your check is Mandatory direct deposit I caution you that if they know that you were deliberately trying to avoid them this could mean trouble down the road maybe now is the time to talk to an attorney Try not to stress I know it is easier said than done but try talking to an attorney or maybe some of the debt experts on this site can give you some good advise

[mr.yet]

Because my job requires MANDATORY direct deposit. Believe me, I have tried to get it done otherwise. Like I said, the best fix I can think of is to withdraw the money as soon as it goes in. I don't know of any other way....

Tell your compnay you no longer have a account at any bank, and your check need to be live. It the fail to comply, file complaint wit the labor board in your state.

There is no law requiring your to have a checking account for yor employer to deposit checks into.

[lynetteangelina]

Thanks. I was afraid of that. I just hate to do battle with my job. It's a brand new job, and I want to be on good terms. I don't think it's a good beginning to start poised for battle. I know there's no other option.

I just wonder how debtors will be able to find out my husband's bank account information, and also where I work and that my check is going into his account via direct deposit. I know it's easy enough to find out that he's my husband (marriage records are available online), and his bank account information is probably easy for them to obtain, but would it really be that easy for them to find out my job and also get my job to furnish the information to them regarding my pay?? It just seems like it would be a detailed process. I am not talking about owing $20,000---but rather $840+ court costs with a credit card, and $4900+court costs with the landlord.

[slowandeasy]

Hello
In answer to your concerns about those creditors finding out about your job and pay yes they can find out if they try hard enough . I know employers do not give out information about an employees pay and such but I have to believe in this world of technlogy we live in they will find away. Running from them is not the answer ,if you do you will be running all your life. I not trying to sound harsh but sometimes facing what is scaring us is the first
Step. Take a deep breath and see if you can work something out with these creditors

[lynetteangelina]

Okay, I appreciate everyone's advice.

Rather than posting another thread, I want to follow-up with some news I learned. Unfortunately my job requires a bank account, and my name MUST be on it. I called the labor board in SC and was told that this is not illegal. So, essentially I am a sitting duck for these judgements, which I can not honestly pay off at the moment. For starters, I must wait a month for my first pay check, because I am starting a new job on August 14th. I also have to pay my deposit to my landlord, installation charges for my phone, utility deposit. I also need to have my car registered in SC, and that process will cost at least $100, as there is a hefty property tax in SC. I also have a car repair that I have been putting off, and driving with an engine light and an unsteady car for months now. I am not making excuses, but simply have factors that can't be ignored and will prevent me from having ANY money left over until Mid October, and at the most, I will have perhaps $250 left over.

I know that South Carolina prohibits wage garnishment, but if I don't have ANYTHING in my bank account other than the direct deposit of my wages, and my bank account is garnished, wouldn't that essentially be garnishing my wages?? I don't have a savings account. Literally, the money in my bank account will be my wages. I live from pay date to pay date. So, if they can come in, swoop down and take the money from my account, they are GARNISHING MY WAGES.

Finally, would it better for me to just go bankrupt? I don't know what to do. I am literally a nervous wreck, and almost fought with my boss over this requirement of direct deposit.

I called two banks and explained my concern, and was told that garnishment would be "highly illegal". I explained I had two judgements against me from court for a broken lease and a credit card, and that all my account consisted of was my wages, and nothing else.

I also want to point out something I unearthed from my copious research on this matter:

From: https://www.acainternational.org/?cid=10565

Garnishment exists in one form or another in nearly all states, excluding only North Carolina, Pennsylvania, South Carolina and Texas (though Texas does allow bank garnishment).

Now. I don't know how accurate the above information is. With my luck it's inaccurate.

I just need some advice and solid answers.

Thank you.

[mr.yet]

QUOTE "I called the labor board in SC and was told that this is not illegal. "

Well, they didn't say it was legal either, no one can force you to contract with anyone, will out your consent. Tell your employer you don't have a checking account, and have no intentions of get one. THey will have to issue you a live check.

[lynetteangelina]

I have tried that. Basically my job was threatened if I tried to "breach company policy". Short of literally having money put in and taken out the same day in a withdrawal, and trying to slip past the garnishment, I don't know what else to do. My husband is going to have a separate account and then I will put my pay into his account. I wonder if there is a way for it to go automatically from my account into his?? I also thought of putting my name on the account, signing up for their ridiculous direct deposit, and then pulling my name off the account. Surely that won' t work though, because then the bank would reject it. I don't see how payroll will find out though, as long as that money is continuing to go into the same account.

I can't afford to fight city hall now. This job is my bread and butter.

[mr.yet]

Your husband needs a separate account or they will attach it if your name is on it. Once the account is garnished any and all funds in it will be frozen and paid to them.

[slowandeasy]

Does the state of South Carolina allow for bank attachments? If so then I would guess if your check goes direct deposit then they would get it. I am by no means an expert but maybe now would be the time to talk to an attorney and get some legal advise at least you would have some of your questions answered

[lynetteangelina]

I don't know if South carolina does. I am getting conflicting information on the matter. I have heard that ALL states allow bank account garnishments, and apart from the article I linked to you, I only read on one other website that SC doesn't allow ANY types of garnishment. I know that it's more difficult to garnish in SC than in some other states. I can't get a straight answer from anyone.

The unfortunate bottom line is that I have no way around the direct deposit issue. I just can't understand how a state will not allow wage garnishment, yet it will allow for my wages to be garnished from my bank account. It just seems ridiculous.

This is not back child support. This is not Taxes. It's not even an obscenely large amount in the grand scheme of things.

The thing is, I have made attempts to make payments. Each amount was shot down.

I did everything I could. It just feels like it's a lose-lose situation. You know, the sad thing is, I have thought of killing myself over this situation. I can't even afford to go bankrupt.

:eek:

[mr.yet]

Since SC doesn't allow garnaishment of wages, File Motion to Quash the garnishment against the account since the only funds in the account are from wages, the court will have to listen to your argument about the motion to quash, Funds are from wages and nothing else.

[lynetteangelina]

Thank you! Now, what is the cost of filing such a motion?

This situation is from judgements in Florida, and I am not able to travel there due to my job in SC.

Will I need to hire a lawyer, or can I do all this from my home in SC?

I Hope the process will not take long, because we will starve and have power shut off if I am forced to wait too long for my pay check!

Thank you.

[mr.yet]

They judgment had to be transfer to SC, for them the garnh the account, ask the bank for a copy of the garnishment and file it against the court.

[slowandeasy]

I just checked with a friend that works in our legal aid society and she did some research and in the state of South Carolina there is no wage garnishment but the law does allow for bank accounts to be attached.

[lynetteangelina]

Thanks for taking the time to find out an answer.
I am so disgusted with things right now. I feel like throwing in the towel.

I don't see how a state that doesn't allow wage garnishment WILL ALLOW bank garnishment, when the only thing a person has in their bank account is THEIR WAGES!! And the result is so much more detrimental than Wage garnishment. They don't allow wage garnishment, but their backwards law WILL allow bank account garnishments when more can be lost--and a person can be put out on the street because bills are left unpaid and rent is left unpaid. I live from pay check to pay check. By the time I get paper work through to take away SOME of the assets from these creditors, I will still not have enough to live on. And it will take too long... My landlord won't wait. The power company won't wait. There's something terribly wrong here.. When you look at these business moguls who get away with fraud, and yet my world is crashing down on me for under $7000?

Isn't it true that 80% of judgements go uncollected? Or does a court-ordered judgement ALWAYS get collected. Is there a difference?