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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 90269
Experience:  20+ Years of Employment Law Experience
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I just received a nonearnings garnishment however the bank

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I just received a nonearnings garnishment however the bank listed as garnishee is from a savings account I had with my dad as the "overseer" since it was opened while I was underage and, until I got this letter, was pretty certain had been emptied and closed after I got married almost 10 years ago. Also, I have no income, receive assistance through the state (MA, energy assistance, food support, and public housing) and pretty much the only "income" under my name is XXXXX XXXXX SSI. I've done an exemption form way back earlier this year so I don't know what this is all about. I really don't know where to go from here and have no money to hire a lawyer. Please help!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If your trust account that your dad was overseeing has your name on the account, then if there is a judgment creditor they are allowed to attach that account to satisfy the judgment against you I am afraid. You are going to have to prove that the money in that trust account (which is what you are describing here) was from exempt earnings and if the money in there was not from exempt earnings I am afraid it is legally capable of being attached and you have to try to file another exception in the court that issued the order and argue your severe financial hardship to seek to get that money in that account exempted based on that hardship I am sorry to say.



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Customer: replied 1 year ago.

That account is empty though so what happens next? Can they go after my dad since his name is XXXXX XXXXX too?

Expert:  Law Educator, Esq. replied 1 year ago.
No, they cannot go after your dad. If the account is empty and no more money goes in the account then they can get nothing from that account.
Customer: replied 1 year ago.

Thank you. You've been really helpful.


 


Another thing: They sent me an Exemption form this past Winter, which I filled out and returned with all the appropriate materials they asked for to prove my financial hardship so I'm not understanding what's going on now... I want this debt off my shoulders so I can move on, but I have no way of paying it. What do you suggest I do now? Even $20/month can be hard to keep because of hospital parking, etc, for my son's medical appointments and surgeries. Should I contact them about working something out again? Is it too late to do so? Or am I better off trying to fight this garnishment?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Unfortunately, you have to send in an exception every time they submit a levy. An alternative to get this off of your back, you can file for bankruptcy and just get the debt extinguished, because at this point it is likely your credit score is low because of this debt. However, if you do not want to file bankruptcy and get the debt extinguished completely, you can negotiate with them for a payment plan to fight off the garnishment. You are better fighting the garnishment, since you do not sound like you have anything they can legally seize for the satisfaction of the debt.
Customer: replied 1 year ago.

My husband and I are separated and used to have a joint account, which my name may or may not be on any longer. If it does still have my name attached to it, are they able to seize that account and garnish his wages? If I'm no longer attached to it, are they still able to check history and find that account to pursue it? All I know is about his income is that he just recently found a job and is barely making a little more than minimum wage so, despite our differences, I don't wish that on him.


Also, if I fight the garnishment, what should I do next?

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, I am afraid that if your name is XXXXX XXXXX any account, the creditor has a right to seek to levy that account. However, if your ex can prove you do not have any funds in that account he can file an exception and get that levy released to stop them from taking money from that account.

If you fight the garnishment, then you need to next negotiate a resolution of the debt with the creditor or seriously consider bankruptcy to get this matter over with completely.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 90269
Experience: 20+ Years of Employment Law Experience
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