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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16288
Experience:  15 years exp all aspects of general law
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Over 2000.00 dollars was taken out of a joint checking

Customer Question

Over 2000.00 dollars was taken out of a joint checking account that I still have with my husband who has not lived with me in over 3 years.
The reason given was a judgment for the plaintiff without a hearing
As I called around to see what this was about I found out that a company who I have no clue who they are filed this claim . They said they sent the notice to my husband and when I asked where they had sent it they gave me my daughters address. She has not spoken to her father in over 3 years since we separated and she never signed or received anything from them addressed to him at her home. No where is his address her home, so I don't understand where they would have assumed that without any legal paper stating that was his address.
Nothing came to "our" home address concerning any of this, The only time I was not home I was in the hospital and a rehab recovering from a operation. And my neighbor would pick up the mail. I am on social sercurity disability because my lower right leg was amputed and more recent half of my left foot. If a letter came that I would have had to sign for I would have gotten in contact with him right away for him to pick it up, but nothing did. I do not know who this company is , never signed an agreement with them. All I know is the money they took was to pay for my mortgage and I had half of the next mortgage payment saved.
I received a exemption claim form which is a little confusing to me so I am looking for someone just to tell me how to fill it out.
They have highlightened section 1 name and address of court,case, docket number name of judgement debtor( which one would that be?) us or the bank or the company?
section 2 Im assuming to be filled out by the bank where my money was taken from. Right?
then section 4 the claim of exemption established by law
I do receive SS disability, one says an aamount in the bank not to exceed $1000 ( what does that mean) and had I paid my mortgage payment the day prior there would not have been that much money in my account instead I had to borrow money off of my daughters for my bills Also the case summary they sent me has a total award of $1767.22 but they took$125.00 fee and $2155.30 my mortgage payment is $1324.48
If anyone could tell me how I should fill this out and am I right that I have to take it to the bank for them to fill out section 1? I would be greatly appreciated.
One more thing the only reason we still have a joint account is because i want to make sure he puts his money in towards the mortgage until I get my house fixed up to put on the market and my youngest daughter has a TBI that he needed to help with until she recovered enough to work again.
Thank-you to anyone who can help me with my questions and one last thing whyy didn't they even try to notify us of a court date?
Submitted: 4 months ago.
Category: Legal
Expert:  Legalease replied 4 months ago.

Hello there -

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Any regular creditor such as a credit card company can use any last known address on your ex husband and just use regular mail and it is sufficient for service of process. Then if no one appears at the court hearing on the matter, the judge will issue a default judgment against the person and can then legally attach any bank accounts they are aware of. The creditors are very sneaky this way and you should go back to the bank to get them to help you fill out the forms to send back because under federal law, the bank is not supposed to let a creditor attach any account where social security funds are also being deposited even if the amount in the account is several thousand dollars.

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Finally, if the bank refuses to get the money back for you, you will have to sue your ex husband for the debt and bring him into court to repay you for what you have lost and I also suggest that you get his name off of the account -- he can still make a deposit to your account every week or month and he does not have to be listed on the account. A bank will take a deposit to your account from anyone.

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Please let me know if you have further questions. If not, can you please press a positive rating above so I will be paid for my time. I am paid nothing unless you press a positive rating above. Pressing a positive rating above will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you today. THANK YOU VERY MUCH

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MARY

Customer: replied 4 months ago.
the fee for the answer has been taken out of my bank account as of yesterday
please let me know if it was credited to you
Also the address they used never had his name on it nor did he ever live there or use that address as a legal address on anything? So he was never notified and yes his name is ***** ***** come off this account
Expert:  Legalease replied 4 months ago.

Hello again --

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The best choice is to get his name off of the account as I noted above and you also agreed. But, pursue the bank for at least the amount of the SS payment deposited into the account because the bank is not supposed to let a creditor remove money from an account where an SSA deposit is made -- at least up to the amount of the SS deposit (President Obama signed this into law in 2011). If they do not guve you any satisfaction on the matter then my suggestion is to file a complaint with your state banking division (every state has a banking oversight agency -- In fact, here is a link to the CT division of banks for you to review the requirements for filing a complaint and the forms to do so -- http://www.ct.gov/dob/cwp/view.asp?a=2231&q=297818

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I hope that helps. Please let me know if you have further questions. The fee you paid has not yet been credited to me and in order to do that, you must press the middle star or the fourth or fifth star to the right of the middle star -- doing so will not cost additional money -- it just acts as the trigger to Just Answer to pay med for my time assisting you .

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MARY

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