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    mehrshad's Avatar
    mehrshad Posts: 2, Reputation: 1
    New Member
     
    #1

    Dec 9, 2012, 04:36 PM
    Joint account garnishment
    My husband and my mother has joint account with me two days ago I noticed there is garnishment against account from year 2007 can they withdrawal this fund from our account? Bank has it on hold
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Dec 9, 2012, 05:03 PM
    If they have a writ... they can go after anything that has the name of the person the writ is against on it. They can periodically renew that writ indefinitely until the debt is settled.
    mehrshad's Avatar
    mehrshad Posts: 2, Reputation: 1
    New Member
     
    #3

    Dec 9, 2012, 05:07 PM
    Quote Originally Posted by smoothy View Post
    If they have a writ...they can go after anything that has the name of the person the writ is against on it. They can periodically renew that writ indefinitely until the debt is settled.
    But it's not my money I just authorize to use the account
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    Dec 9, 2012, 05:49 PM
    If the name is on it.. its fair game. YOU will have to prove to them that none of the money was put into the account by the person who has the writ against them... if you ever hope to get any of it back.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #5

    Dec 9, 2012, 07:20 PM
    Who caused the garnishment, when and what for? Was this account set up with all 3 of you before 2007? Why on earth would you want your mother to be on your account and your husbands account?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Dec 10, 2012, 04:15 AM
    If someone has a judgment against a person, then the judgment holder can go after any assets they are listed on as owner.

    Your recourse is to go to the court that issued the writ of attachment and petition to vacate the writ on the grounds that none of the money deposited in the account is yours. You will, of course, have to prove that..
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Dec 10, 2012, 06:56 AM
    They can and will, you will need to prove it is not your account and prove most likely that your money does not go into that account

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