 |
|
|
 |
New Member
|
|
Jul 13, 2007, 02:44 AM
|
|
Freezing bank account by debt collectors
Hi...
I am hoping someone can help me. I was married 2 weeks ago. A collection agency put a freeze on my spouses an my bank accounts due to a debt on a store credit card that my husband defaulted on years before we met. In speaking to the agency they said because we were married, and had a joint account it was perfectly legal to do this.. however in my research on this subject they are not allowed to take any portion from me because my name was not on the original credit card at the time of the default. Also we never received a court order or any notification, which I understand is the legal process. If anyone can put this into perspective for me I woulf greatly appreciate it. Thanks!
|
|
 |
Ultra Member
|
|
Jul 14, 2007, 06:11 PM
|
|
File a Third Party claim against the garnishment in the court that granted the judgment. THis will prevent the bank from releasing the fund unitl afte your hearing.
You must prove to the court what part of the funds belong to you, paycheck a if direct deposit a copy of the check stub showing it. Get you own checking account now, because they will continue to garnish this account until they are paid.
|
|
 |
Expert
|
|
Jul 14, 2007, 06:14 PM
|
|
If they already had a judgement against your new wife, they don't have to notify you of this before they do it. To get the judgment there has to be notification.
And as noted, they can not take "your" money, but it will remain frozen until you go to court ad prove it is your money,
|
|
 |
Computer Expert and Renaissance Man
|
|
Jul 14, 2007, 06:38 PM
|
|
First, as long as they have a judgement its perfectly legal for them to attach ANY account held jointly. They have no idea whether all or part of the funds are his or not. But, as noted, if you can prove what portion of the funds in the account where yours, they can be exempted.
Once the judgement is obtained, no prior notice of attachment is necessary. Is your husband claiming he never received a summons or notice about the judgement?
|
|
 |
Uber Member
|
|
Jul 15, 2007, 07:07 PM
|
|
Actually it is perfectly legal for them to attach a joint account. Since it has his name on it, it's fair game. Your best bet would be to stop depositing any more money into this account, then open a new account in your name only and use that for all of your finances.
|
|
 |
Ultra Member
|
|
Jul 15, 2007, 07:12 PM
|
|
Any debt of your new husbands is now yours new or old. These are one of the problems that should have been discussed before marriage
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Bank account debt!
[ 4 Answers ]
I recently took out a few payday loans,totaling about 2500 dollars. Mostly to pay bills,have money for food,etc. My checking accounting is now overdrawn by 2500 dollars. It doesn't help that I'm also being charged daily fees of 35 dollars for returned payment checks that were bounced by these...
Freezing Bank account
[ 2 Answers ]
Hi
A friend of mine owes me some money for the work that was done by me. I've tried numourous times by calling them but they don't respond. Is there any way as an individual I can freeze their bank account.
Bank account seized.. Debt almost gone.
[ 13 Answers ]
The company handling my account is Rubin&Rothman for Ford Motor Credit. I voluntarily surrendered a vehicle to the dealership as instructed by FMC about six years ago. I owed $6,000 after the vehicle was re-sold. Unable to pay the $300/month they were demanding, they froze my bank account. I...
Debt garnishment from bank account
[ 2 Answers ]
If I have a judgement against me in the State of Texas, the creditor is not allowed to garnish my wages, but they ARE allowed to garnish my bank account. This much I am clear on. What I need to know is if the bank account is only in my wife's name and her name is not on the judghement, can they...
Bank Account Debt unpaid
[ 6 Answers ]
Hi there,
I recently had an issue with my bank account & is in debt of about $1500 because I made purchases at e-bay but my paypal money was not transferred and I ended up with over $ of my overdraft fees plus the cost of merchandise. I am planning not to pay it because is frustrated that how...
View more questions
Search
|