[Dell1492]

Hello, I live in New Jersey.
My husband and I have joint bank accounts that were levied for a debt incurred long before I met him.
I went to court and proved this money in the account was from his paycheck as I am not employed and although it seemed obvious to me that all was direct deposited from his employer the judge ruled in their favor stating it didn't really matter because I still owe this debt.
We have decided on Bankruptcy because my old debts from 10 years ago are 20,000 and we really can't afford to pay them. We have been married only for 2 years. And these are from when my 1st husband died.

If we file before they do the writ of execution will our bank account be release from levy even though the judge ordered in their favor?

[mr.yet]

YOu can personnally file for yourself for the bankruptcy without your husband.

File a Motion to quash the garnishment again, and demand due process, if the money in this account is not yours they will have to prove you personnally have made deposits into the account.

Don't let the judge scare you, you are entitled to due process of the law and not the opinion from the judge, he must rule based on the law.

[ScottGem]

As Yet said, you can file bankruptcy on your own. Do not involve your husband in that.

As for the bank levy, have him immediately open an account in his own name and change the direct deposit.

Then go back to court and appeal the decision of the judge. Yet is right, the judge has to rule on the law, so if he says it didn't matter he has to cite the law that supports that. From what I know of the law, if you can prove all funds deposited were not yours, then that should release the levy.