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Hildie · Dec 10, 2008, 01:21 PM

My mother and I have a joint account. The only funds that are hers in this account are a SS check and pension check, other than that the funds are mine. My paycheck etc. A lien has been placed on this account due to an old account she may have had. (not too sure). I spoke with the firm and they asked that I fax them statements proving this which I did. Now I cannot get them to return my calls. In the meantime the account is frozen and checks are written against the account. What can I do about removing this lien, ASAP?

tickle · Dec 10, 2008, 04:46 PM

What you may still be able to do is notify all government offices to not deposit SS and pension. If your mom can still do this, fine, but if you have power of attorney maybe you should initiate this as soon as possible. The point is, yes, they can take the money once it is deposited. It doesn't make any different what you fax them or what you say to them or they you. They just want the money and will not negotiate.

You can't remove the lien, they have a court ordered judgment, but they can't get the money if it isn't in the account.

Hildie · Dec 10, 2008, 05:36 PM

Thanks for you response, but no they CANNOT take any government or retirment funds. I have check and verified this fact. They also cannot hold MY funds to pay off her debt.

tickle · Dec 10, 2008, 06:37 PM

B ut your bank account is frozen now hildie. The money in the account is all the same once it is deposited.

Stop the payments from being direct deposited and have them mailed to the home.

Hildie · Dec 10, 2008, 06:44 PM

Tickle the debt belongs to my mother not me. They Cannot use my funds to pay off her debt. Her deposits are clearly mark SS and pension. I have verified all this and what they have done is illegal.

ScottGem · Dec 10, 2008, 06:54 PM

Sorry but this is not illegal. As long as mom is a joint owner on the account then the whole account can be attached.

It then becomes your responsibility to prove that the only amounts deposited by mom are protected income. The mistake you made is expecting the creditor to care. What you need to do is go back to the court that issued the writ of atachment and ask motion that the court quash it on the grounds that the only funds of your mother's are protected. You need to submit your proofs to the court.

Fr_Chuck · Dec 10, 2008, 06:58 PM

Ok, here is the problem, the court does not know where this money in the account comes from, so you have to go to court and prove that her money is her Social Security, and then you have to prove what money is yours, from bank deposits, matching up with chedks and so on.

It will remain frozen till you get all the evidence and present it to the court to ask the freeze to be lifted from your money and any social security money.

Hildie · Dec 10, 2008, 07:03 PM

Fr Chuck I have done this. I have sent them statement clearly showing the checks are SS and pension for my mom and the others are MY paycheck. They even stated that once this is established the lien will be removed. The problem is now they will not take my calls now.

Hildie · Dec 10, 2008, 07:04 PM

Originally Posted by ScottGem

Sorry but this is not illegal. As long as mom is a joint owner on the account then the whole account can be attached.

It then becomes your responsibility to prove that the only amounts deposited by mom are protected income. The mistake you made is expecting the creditor to care. What you need to do is go back to the court that issued the writ of atachment and ask motion that the court quash it on the grounds that the only funds of your mother's are protected. You need to submit your proofs to the court.

I know for a FACT that I cannot be held responsible for her debt. I have also verified that her SS and pension funds cannot be used.

ScottGem · Dec 10, 2008, 07:30 PM

Originally Posted by Hildie

Fr Chuck I have done this. I have sent them statement clearly showing the checks are SS and pension for my mom and the others are MY paycheck. They even stated that once this is established the lien will be removed. The problem is now they will not take my calls now.

You aren't listening. You have not done what Chuck and I said. You provided proof to the PLAINTFF, not the court. Of course they are going to string you along. You have to file a motion with the COURT to quash the writ of attachment. You have to then present your proof to a JUDGE who will rule on whether the writ is valid or not.

The plaintiff is not going to do this for you, that's not in their interest.

Originally Posted by Hildie

I know for a FACT that I cannot be held responsible for her debt. I have also verified that her SS and pension funds cannot be used.

Again, the plaintiff and the court do not know this. All they know is that your mom is co owner of that account which makes it legal for them to apply and serve a writ against all of it.

You need to quash the writ and the only way to do that is to file a motion with the court that issued the writ.

Hildie · Dec 12, 2008, 08:58 AM

Just so you all know, the lien has been removed and no funds were taken. Thanks for trying to help, thank God I had a bank that understands.

tickle · Dec 12, 2008, 09:13 AM

You are so lucky, hilde, to have a good bank in lieu of the situation and economy and am pleased you got it settled!

ScottGem · Dec 12, 2008, 09:30 AM

Originally Posted by Hildie

Just so you all know, the lien has been removed and no funds were taken. Thanks for trying to help, thank God I had a bank that understands.

And how did this happen? The bank cannot defy a lawful court order.

Hildie · Dec 12, 2008, 10:06 AM

Originally Posted by ScottGem

And how did this happen? The bank cannot defy a lawful court order.

I got all the help from Bud Hibbs. This guy is great!!

Hildie · Dec 12, 2008, 10:08 AM

Originally Posted by tickle

You are so lucky, hilde, to have a good bank in lieu of the situation and economy and am pleased you got it settled!

Thanks Tickle, I appreciate all you did to try and help me!:)

ScottGem · Dec 12, 2008, 07:12 PM

Originally Posted by Hildie

I got all the help from Bud Hibbs. This guy is great!!!

Who or what is a Bud Hibbs? And, again, how did you do this? You could be helping many others if you tell us what happened.

asking · Dec 12, 2008, 07:23 PM

Consumer Justice - at Last!

I'd never heard of this...

ScottGem · Dec 12, 2008, 07:52 PM

Neither had I. But a glance through his book and site shows nothing different from the advice we give out here.

So I still wonder how the account was released.

twinkiedooter · Dec 13, 2008, 07:11 PM

Technically the account should not have been released except through the Court. Having a joint account is an open invitation for creditors to seize the account. I would suggest that mom get her own account or you get your own account so this does not happen again to you. You could be on her account if you need to write checks out for her but keep your money in your own account for obvious reasons. My elderly mother and I both had separate accounts but she was on my account as an authorized signer and I was on her account as an authorized signer as well. This way we had access to each other's accounts but had our money kept separate. Sounds complicated, but not really in reality. I would suggest that you get your own account now before the attorney's office tries to ding your joint account again (which they may still do by the way).

tickle · Dec 14, 2008, 03:16 AM

I agree with twink and also, if I were you, cancel the automatic deposit like I mentioned before and have the cheques sent by the mail. Once all that money is in the joint account it is fair game. If you set up precautions or damage control, you will not have to suffer through this again as you did before.