This is a complicated situation. Here goes. About 3 years ago my daughter's father was in a car accident. Roughly 2 years later (one year ago) he received a letter from the other person's lawyer about a pending lawsuit. He called the other guy's lawyer and discussed his options. The lawyer told him instead of taking him to court, he would accept monthly payments on his client's behalf. Long story short, my daughter's father hasn't made the last few monthly payments and received a certified letter from the court clerk that the lawyer filed suit to withdrawal money from the checking account. Even though we are not married, we share a checking account. However, my mom's name is also on the account. Is it legal for the lawyer to take money from the account when my daughter's father is not the sole account holder, nor is he the original account holder? All the money in the account is mine, he just uses it to cash his checks. Why wouldn't they just garnish his wages instead?
2007-07-08 15:16:09 · 7 answers · asked by lilqtpie 2 in Business & Finance ➔ Credit
We are not married, nor have we ever been married. They agreed to settle out of court. That was the initial agreement. I am assuming that now that he has missed a few payments, the lawyer proceeded to take it to court. I have done some research and think that we (since my name is on the account, I'm involved) have 20 days to file a response with the court before the money is actually turned over. That makes me feel a little better. Any other advice is greatly appreciated.
2007-07-08 15:27:32 · update #1
Once Again NOT MARRIED!!!! NEVER HAVE BEEN!!! Does this make a difference???
2007-07-08 15:34:26 · update #2
CLOSE THE ACCOUNT!!!! now... it's possible that it may not be legal, especially if it is a bill collector making the threat, but don't risk it!! CLOSE THE ACCOUNT!!! Or at least withdraw your money and open a new one.
2007-07-08 15:27:22 · answer #1 · answered by ztcca 4 · 0⤊ 0⤋
Absolutely. Its not complicated at all, its very simple. He agreed with the attorneys and it was enterned in court. Why you have a checking account with your ex I have no idea. Close the account. Well maybe he isnt your ex, but yes get him off the account.
He has agreed to pay a certain amount and they can garnish any account he has. Get him off all your accounts. Close the account. They have every right to take any money out of your account if he is on it. Just close it, or open another account without him on it.
Go open another account where you keep your money keep that account open but keep nothing in it. They cant garnish something that isnt there. Dont let him be on the account where the money is at. They can take it legally.
DONT PUT HIS NAME ON ANY ACCOUNT WHERE YOU KEEP THE MONEY. Just the one where he can cash checks.
************ UPDATE *************
NO IT DOESNT MATTER THAT YOU ARE MARRIED OR NOT. HE IS ON THE ACCOUNT. THATS THE ONLY THING THAT MATTERS.
Sorry for yelling but for some reason you are thinking that if you are not married they cant take your money. You would be wrong. If he is on the account nobody knows whos money it is, the bank will give it to the garnishment. And its perfectly legal. Doesnt matter you gave the money to him when you put it in a joint account. And the credit agency says thank you very much. If they havent taken the money fight it in court and prove that you deposited the money, ie your pay check. I think you will lose, but you can try. As i said above. GET HIS *** OFF YOUR ACCOUNT.
2007-07-08 22:22:00 · answer #2 · answered by financing_loans 6 · 0⤊ 0⤋
Although your mother and you have nothing to do with the accident, you are pecuniarily liable for the monies in the account due to the fact your names are on that account. You both share the accountability on the bank account with your husband.
My thoughts on what you have told are that you settled too early. If all the lawyer did was threaten you, you should've gotten legal advice and maybe a lawyer to represent you.
It's not too late though, consult somebody.
2007-07-08 22:28:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If his name is on the account, then it's an asset of his and yes, they can attach it if they got a judgement.
Get your money out of the account and into one in your name only (and your mom's if you want to) and get your name off that account.
2007-07-08 22:20:00 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
Close the account to be safe.
2007-07-08 22:52:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
He could draw out as much as he needed? couldn't he? So they consider it his money...our, theirs, and mine don;'t count.
Get to the bank, open your own account without his SS #
and then they won't touch your funds.
2007-07-08 22:23:34 · answer #6 · answered by Oldmansea 6 · 0⤊ 0⤋
You can visit http://www.cashguru.info and find very useful tips and several articles on credit related matters.
2007-07-09 05:10:34 · answer #7 · answered by Anonymous · 0⤊ 0⤋