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lucylou47586 · Jan 24, 2009, 12:15 PM

My daughter lived with a guy for four years. She had a checking account with her and my name on it. While they were together she put his name on the account because at the time he had a job and has his wages direct dposited into that account. They had serious problems with their relationship and broke it off several months ago. She without thinking forgot to take his name off. This week, she went to get money out of her checking account and it was frozen. He isn't in the picture and the money she had was direct deposited from her place of employment. He doesn't work, has no income coming in. Is there a way to get this money back. Someone mentioned getting a motion to quash. How do I go about doing this. Do I have to hire a lawyer? She has proof from her employment that this money is hers.

Fr_Chuck · Jan 24, 2009, 12:18 PM

1. Things will take a bit, so stop any new money going into that account

2. You will have to show that it is your money in the account,

3. it is easier with an attorney

lucylou47586 · Jan 24, 2009, 12:18 PM

Originally Posted by lucylou47586

My daughter lived with a guy for four years. She had a checking account with her and my name on it. While they were together she put his name on the account because at the time he had a job and has his wages direct dposited into that account. They had serious problems with their relationship and broke it off several months ago. She without thinking forgot to take his name off. This week, she went to get money out of her checking account and it was frozen. He isn't in the picture and the money she had was direct deposited from her place of employment. He doesn't work, has no income coming in. Is there a way to get this money back. Someone mentioned getting a motion to quash. How do i go about doing this. Do i have to hire a lawyer? She has proof from her employment that this money is hers.

I forgot to add that the reason it was frozen was because of an outstanding loan that he and his former wife had. The money that was being garnished was taken to pay on his own debt. It was way before he and my daughter got together.

lucylou47586 · Jan 24, 2009, 12:20 PM

Originally Posted by Fr_Chuck

1. Things will take a bit, so stop any new money going into that account

2. You will have to show that it is your money in the account,

3. it is easier with an attorney

Thank you... she has already closed that account and opened a new account.

ScottGem · Jan 24, 2009, 02:21 PM

She will first need to file a motion to vacate the writ of attachment on the grounds that none of his money was in the account.

What she will need to do is show ALL the activity in the account for a period of several months. How many months, an attorney can best advise. This activity needs to show that all the money deposited in the account came from her and/or you but not from him.

lucylou47586 · Jan 25, 2009, 02:18 PM

Originally Posted by ScottGem

She will first need to file a motion to vacate the writ of attachment on the grounds that none of his money was in the account.

What she will need to do is show ALL the activity in the account for a period of several months. How many months, an attorney can best advise. This activity needs to show that all the money deposited inthe account came from her and/or you but not from him.

Thank you for your response. You give us hope. We are speaking to an attorney tomorrow. I will let you know how things work out. Your response was very helpful. Thanks again.