[jennygee]

I have a checking account with my husband.A doctors office garnished my whole account
Leaving it empty.Can they do that without notifying the person name on the account.
And also they took my husband disability check?

[charlotte234s]

They can only take a certain percentage, I thought, but I am not positive. They cannot take Social Security, I do not believe.

[JudyKayTee]

I have a checking account with my husband.A doctors office garnished my whole account
leaving it empty.Can they do that without notifying the person name on the account.
And also they took my husband disability check?

I believe if it's co-mingled funds they CAN take it because it is not up to the Court to decide which money went for which bills - for example, you both make deposits, you pay bills. Who is going to determine if the money that is left is yours or his? If the account were in his name alone they couldn't touch it.

There is NYS case law on this subject - what State are you in?

And, yes, they can do that without notifying you. Were you notified of the Court hearing and Judgment?

[ScottGem]

First, they can't attach the account without getting a judgement first. Were you aware they sued you and got a judgement? However, once they get a judgement they have to give no prioor warning when they attach assets.

Second, yes they can take ALL of any bank accounts where you are listed as an owner, whether it's a joint owner or sole owner. They do not know the source of the funds in the account.

Third, while SS disability is exempt from most debts, once its deposited in the account its considered commingled funds. You can file a motion with the court to show one portion of the funds in the account were SS benefits and get those back.

[JudyKayTee]

First, they can't attach the account without getting a judgement first. Were you aware they sued you and got a judgement? However, once they get a judgement they have to give no prioor warning when they attach assets.

Second, yes they can take ALL of any bank accounts where you are listed as an owner, whether its a a joint owner or sole owner. They do not know the source of the funds in the account.

Third, while SS disability is exempt from most debts, once its deposited in the account its considered commingled funds. You can file a motion with the court to show one portion of the funds in the account were SS benefits and get those back.

In NYS at least once the funds are co-mingled they cannot - nor will the Court - separate them. The Court knows X dollars went in and X dollars came out but they don't want to determine whose money is left in the account.

Maybe it was one Court's decision but I think that is pretty standard.

[ScottGem]

So, unless ONLY SS benefits were deposited in that account can they be gotten back? OK, that makes sense.

[twinkiedooter]

Surely you had some kind of notification of a court case from the doctor's office going on. They obviously got a judgment against you and acted on this judgment. Have you contacted the clerk's office about this case to see the time frame involved in this? I would suggest you contact them or go visit the clerk's office and get copies of your file.

[Fr_Chuck]

OK, the doctor office sends bill after bill after bill, turns it over to a collection agency who then calls and calls, sends bills and bills

The perosn who owes the debt is then sued, they would have received a notice of a hearing or a right to respond, ( unless they threw it away along with other "bills" just thinking it was a bill.

There is a court hearing, and the other side gets a judgement, they then freeze the money. If you can prove that a part of the money in that account is not belonging to the person who owes the money, you go to court and ask the court to release a percent or a part of that money. Some states allow this, others may not.