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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38773
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My husbands account and our joint account (which was mostly

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My husband's account and our joint account (which was mostly my money) was garnished Friday. My account was let untouched. When we attempted to contact the company the number the bank gave us no one answered. It was a bill collector. In this past year we have corrected any of his delinquent accounts. No children. During premarital counseling we actually pulled both of our credit reports. I have no delinquent accounts. Never the less, on Friday it was a hold for $1200. Now it says "legal order LTS" as of Friday I was going to submit an affidavit stating something along the lines of being an injured spouse and that the joint account is my account. Is that the way to approach this situation or
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am sorry that you are in this situation. Just to be clear, this account was joint and was in both names, correct? Were you aware that he had any judgments out against him or was this a new order?
Customer: replied 1 year ago.

YES! It is in both of our names. I haven't even changed my last name yet. We opened it together. Honestly, we had no IDEA that he had any judgements against him. We are on a plan to be debt free and apart of that is also getting his credit in order. If not him, I would have handled the situation. However, we had no prior notice. We don't' know if it is new or not but we don't have any debt together, the house is in my name and our cars are paid for.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up. I truly appreciate the clarification.

Any money in a joint account, regardless of who placed the money into that account is legally owned by both individuals together. Consequently a collection order against either spouse or holder of the joint account could be utilized to pursue the funds. Ignorance is no excuse, regrettably--what you can do is immediately stop placing funds into that account and potentially demand that your spouse pay you back the debt that you essentially paid on his behalf. You can also attempt to claim that you are an innocent spouse, but all that will do is potentially get the order lifted, it will not compel the other party to return the funds. That can only come from your own spouse upon your request or potentially via filing your suit as a means of recouping your losses.

 

I am genuinely sorry that you are stuck in this position, and you must immediately move to remove your name from all other joint assets if possible upon further risk of garnishment.


Good luck.

Customer: replied 1 year ago.

Thank you so much for replying! This is just for a little extra clarity. I wouldn't sue my husband. (great guy...teacher/coach..just bad situation). If I understand you correctly you are saying that if they already have the money as of today, submitting an affidavit may not help return the funds, but it may get the order lifted. Can I at least ask and see how the order was served, what if it wasn't served or something like that?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

That is correct on all counts. Please understand that I am not stating that you must sue your spouse, it is just an option that you can choose to consider if you want to get your money back. As for being served, there is no legal requirement to be served with a garnishment. That is because the garnishment order is only put in place once a judgment is made. Your spouse can contact the courts and try to find the information on the judgment (as that would tell him who is holding the judgment lien against him), and try to contest that order. But once that order is in place, no further involvement to the defendant is required--the holder of the judgment can go to the courts directly to seek a garnishment of wages, bank levy, or a judgment lien without further notice to the defendant until the order is put in place.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38773
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
16644 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.