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3357 · Nov 23, 2007, 01:00 AM

I have a default judgment against me for credit card debt. I have motioned to have the default set aside because I was not served as they claimed I was. I don't have a bank account in my name but my wife has one in her name where her ssi checks are auto deposited. I have read in this forum that a creditor can freeze or attempt to garnish a spouses account. Also I have read that that a letter could be sent to the bank stating that these checks are ssi and cannot be garnished. If this is correct what is the correct way to send such a letter to the bank. Does she simply state "Dear ______ bank,
My monthly auto deposited checks are from ssi and are not subject to garnishment?
This may seem like a dumb question but I'm not sure on how to word this letter. Appreciate any help. Thanks

charlotte234s · Nov 23, 2007, 01:13 AM

Honestly, I'd just go to the bank and ask to talk with someone personally about your account, then you can be sure they note that the account is Social Security and cannot be garnished.

excon · Nov 23, 2007, 04:36 AM

Hello 3:

You didn't read HERE that a wife, who isn't party to the lawsuit, and who has NO joint accounts with the debtor, got her account seized. It doesn't happen, and we never said it does.

excon

ScottGem · Nov 23, 2007, 06:40 AM

Originally Posted by 3357

I have read in this forum that a creditor can freeze or attempt to garnish a spouses account.

Not in this forum you haven't. A joint acount yes, but not one solely in a spouse's name. The spouse would have to be a party in the lawsuit for that.

rpg219 · Nov 23, 2007, 06:45 AM

I agree with ex and scott... no account will be garnished unless it is a joint account or her name is filed as a codefendant on the lawsuit. They can't just garnish anybody's wages that has nothing to do with the case.

3357 · Nov 23, 2007, 06:50 AM

Well I hate when I'm wrong but I am glad to here it. Thanks excon.

3357 · Nov 23, 2007, 06:51 AM

I thought it had something to do with comminity property. Thanks for straightining that out for me.

JudyKayTee · Nov 23, 2007, 09:21 AM

Originally Posted by charlotte234s

Honestly, I'd just go to the bank and ask to talk with someone personally about your account, then you can be sure they note that the account is Social Security and cannot be garnished.

Not necessary - they cannot move on your wife's account.

s_cianci · Nov 23, 2007, 10:20 AM

A spouse's account can only be garnished if your name is on it also. If the account is strictly in your wife's name than you shouldn't have a problem. Sending the letter you mention isn't a bad idea nonetheless. In it, also be sure to remind the bank that the account is in your wife's name only.