[sweatyjim]

I have a default Judgement against me my wife was not signatory on the account, that has the default judgement placed on it, and she is the head of household earner. I am on her bank account signatory/joint account and a collection agent has place a garnishment on my business account and her personal account, my question is there a way to free up her monies. She had nothing to do with this default judgement. If I file for bankruptcy now is it to late to stop default judgement processeding/garnishments. And if anyone can give me pointers in filing for bankruptcy, that would be greatly appreciated

[ScottGem]

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

If you are contemplating filing bankruptcy then you need to consult a bankruptcy attorney. I suggest doing so. Any account that you are listed as joint owner is subject to attachment. If this is a personal judgement then the business account has to be in your personal name for it to have been attached.

You might be able to get the levy removed from your wife's personal account if you can prove that all the monies deposited in it were her own income. If you can prove that, you can file a motion to squash the levy.

[sweatyjim]

When a law firm files a garnishment of bank account at one bank is that same law firm able to file a blanket garnishment with your ssn on it for all banks, how do you live without a bank account. This is going to put my wife and myself on the streets already they have all of our monies so we can't pay mortgage, mortgage ins ,lights,water,auto ins ect: and now scared to open a bank account in the future.:eek:

[tickle]

They can't stop you from limiting your direct deposits. They can only target your ssn if it is put in the bank by direct deposit, as with other monies. Can you just have deposited enough to cover the judgment and have the rest mailed to you in cheque form? Years ago people did live without bank accounts and paid their bills by deliverying cash on th day due, or whatever. You may have to do that again.

[ScottGem]

You also want to keep all posts relating to the same issue together. If you have a follow-up post a reply to the thread rather than starting a new thread. I've merged your two threads for you.

Generally a judgement holder has to specifically serve the bank with your account information. They can't just go on a fishing expedition to every bank in the area and ask if you have an account there.

This may sound harsh, but I don't have a lot of sympathy for you. You said you have a default judgement against you. That means you didn't fight it. It sounds like you just ignored it hoping it would go away. And that was the worst thing you could do. You probably made little or no effort to negotiate payment of this debt. Had you done so, you might have worked something out you both could live with. Now they have the judgement, they have no incentive to negotiate. So, esentially you bought this situation on yourself.

At this point I would suggest browsing through similar questions in the Beankruptcy & Debt and Credit forums to see where you may be able to go from here.

[sweatyjim]

If you are dying with and incureable liver (cirr) disease never drunk or smoked and you have no monies in which to neg: with. What would you have me do return my ashes so they may auction them off. Are one of those that shakespear spoke of. And I don't recall asking for anyone's sympathy least of all yours.

[ScottGem]

Your posts cry out for sympathy, even if not tacitly expressed. But that's beside the point. The point is you let this get to this point by not fighting it.

If your situation is that desperate then there are other things you could have done, bankruptcy for one.

[ScottGem]

Comments on this post

sweatyjim disagrees: There is no arrogance in your family, you have it all. No money no lawyer DA

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html


You come here asking for help. We have tried to give you the best help we can. Unfortunately, there isn't much we can do. Had you tried to fight the judgement instead of ignoring it, you might have been able to work something out. There are a few things we could have advised you to do. At this point you have a legal judgement against you because you ignored the notices. He now has no incentive to deal with you. So the only thing you can try is throwing yourself on their mercy.

[slowandeasy]

I have to agree with ScottGem there is not much you can do with a default judgement the worst thing you could have done was to ignore it. The time to negotiate was before it went to court. Not trying to be mean but we all have to take responsibility for the choices we make in life.

[sweatyjim]

Thank you, have a great day