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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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When A has bankruptcy owe money, dept corrector is asking money,

Resolved Question:

When A has bankruptcy owe money, dept corrector is asking money, and A and B open joint account, dept corrector can take money from joint account?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 1 year ago.

Customer:

Hi - my name is XXXXX XXXXX I'm a Bankruptcy and Consumer Protection attorney here to assist you.

Customer:

Has A already filed a Bankruptcy? If yes, is the Bankruptcy still in progress, or has the case already been discharged and closed?

Customer : Hi,
Customer : I don't understand closed or discharged means. But I went to court, and some places, negotiated, and paid. But this one place did not want to negotiate. It has been for about seven years. This corrector even called to doorman in my building asking and telling that I owe some xxx $. I know that ileagal, but I did not do anything about it. It was about one year ago.
Customer : This debt was from attorney's fee for divorce which my ex. Should have paied because I had not worked.
Expert:  cfortunato replied 1 year ago.
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Expert:  cfortunato replied 1 year ago.
Thank you for your response.

If the debt collector gets a judgment (from court), that judgment can be used to attach any account that has A's name on it - even if it is a joint account.
But the debt collector would be entitled to keep only the funds in the account that belong to A, and not the funds in the account that belong to the joint account holder.

I think this is what you wanted to know. If not, please let me know.
Thank you.
Customer: replied 1 year ago.
Sorry, I don't understand what you are saying. If joint account, primary holder was B, debt corrector can not keep any?
Expert:  cfortunato replied 1 year ago.

It depends on whose money is in the account. If all the money in the account belongs to B, then the debt collector cannot take that money for A's debt.

Customer: replied 1 year ago.
A and B are married and going to have joint account. It is B's money, but
how collector identifys who's money?
If A put money in to this joint account with check that payable to A's name, collector is able to take it?
Expert:  cfortunato replied 1 year ago.

A

Expert:  cfortunato replied 1 year ago.
A married couple's money is presumed to belong to both. So yes, if A has a joint account with spouse B, then the collector can take money from that account.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
How long this debt collector can be on A? Does ever go away? Us there best solution?
Expert:  cfortunato replied 1 year ago.

1) What state does A live in?

2) Did the creditor already get a judgment from court or did the creditor already file a lawsuit in court?

Customer: replied 1 year ago.
Ny.
Yes, I think juspdgment was placed on 2006.
Expert:  cfortunato replied 1 year ago.
Thank you again for your response.
The collector has 20 years to try to collect the judgment.
Customer: replied 1 year ago.
20 years after judgment?
If incase of without judgement, without court?
Customer: replied 1 year ago.
How can I approach them to negotiate payment? It was started about $1,500 now $ 4,500, what is the amount $ I shoukd offer?

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