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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10571
Experience:  30 years of corporate, litigation and international law
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Curious, back In 2009 my bank account was levy'd $33k.

Customer Question

Curious, back In 2009 my bank account was levy'd for over $33k. for my ex husbands bac child support. My attorney filed for legal separation in 2006. I have no children. Is there a statue of limitations to getting that money back from child support?
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 year ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

For most things such as unpaid debt there is a four year statute of limitations. However, you were improperly garnished, in whole or in part, because of a support order. The order is like a judgment. You may be able to apply in court to have the court reverse the levy on equitable grounds as improperly made. There is no assurance that this will be successful but you have nothing to lose by making the effort. I suggest you start with the agency that levied the money and see what their reaction is.

If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer: replied 1 year ago.
I spoke to the agency and they said that my ex was still on my bank account. I was legally separated in 2006 and didn't even think about taking him off my account. He and I were not living together and my attorney filed for legal sep within a day of me calling him. The agency told me that I should go against my ex husband but he wasn't the one that levied the account. I am thoroughly confused because his ex wife who married an attorney knew we were legally separated and I was the major breadwinner.....I thought my legal separating papers protected me against anything he owed? BTW we are divorced now.....at the advice of my attorney I didn't file until 2012 because I would have had pay a significant amount of alimony. So does a court order of separation protect me against his debts? The child support division told me that I would have to jump through hoops to prove the money in my account wasn't his. He had hi s own account.
Expert:  Richard - Bizlaw replied 1 year ago.

Just because he was on your account does not mean everything in the account is presumed his. You have the right to demonstrate the funds in your account were your funds or that at least a portion of the funds were your funds. If I was going to file suit I would file both against the agency and the ex. You will have to jump through hoops to show how much of the money in the account was yours and not his. The agency just levied on any account with his name on it. If there had been 15 names on the account they would have done the same thing even though the presumption is that he only owns a portion of what is in the account. The fact that you were separated would protect you for things in your name alone from a community property based claim but the account was in a joint name and that is the problem. The burden is on you to show the funds were yours or at least not all his.

If I have answered all your questions, please positively rate my answer as that is how I receive credit. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Expert:  Richard - Bizlaw replied 1 year ago.

If you do not have any more questions, please highly rate my answer as until you do I do not receive any credit for my answer.

Expert:  Richard - Bizlaw replied 1 year ago.

I sent you an answer a couple of days ago and have not had a response. If you have additional questions, please let me know. If I have answered your question, please highly rate my answer as that is how I get credit.