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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex-husband defaulted on a bill that was only in his name.

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My ex-husband defaulted on a bill that was only in his name. Unfortunately, the paperwork I had sent to my bank to take him off my account was not processed back in 2010. When I found they froze my savings account to pay off his bill, I took the copy of the document taking him off my account to the bank and they removed him from my account. A Summons and Order of Garnishment in Aid of Execution was sent to the bank and I have yet to be officially notified of this action. I checked with the court (Omaha) to find out what is going on and they said the judge ruled mid September to pay the debt. The money is still in my account, frozen, because my ex is no longer on my account and the bank can't find him. The 90 day 'lien' is up this week. Does that mean the bank will release my funds or should I hire an attorney to get help with this.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

I am very sorry for your situation. Can you please tell me:

1) Do you know where your husband is currently?
2) Did the original divorce decree or any subsequent order from the Court specifically order HIM to pay that bill, or, not?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

My ex is in Nebraska. The bill was taken out in his name only and after the divorce so it wasn't in the divorce settlement. He used the bank account that we held jointly but I'm pretty sure he wasn't supposed to. I'm on active duty in Virginia and this is happening in a federal credit union. I sent them the form via mail from the ship I was stationed on in 2010, but they never took him off my account...until I showed up with a copy after I saw they froze my savings. When I called them a couple of weeks ago, they couldn't give me a straight answer because they can't find him in their system...because he was taken off the account.

Thank you.

Does that mean the bank will release my funds or should I hire an attorney to get help with this.

The bank is not likely to release your money, I am afraid. Or, what it may do is let the lien expire but also pursue you for any money in suit that they feel you owe by your connection to your ex. Obviously, the bank is not being considerate here.

I am afraid that the best thing that someone in your situation may wish to do is to retain counsel. Your attorney is likely to then file several pleadings, including but not limited to:

1) A Motion for Clarification to get the family court to clarify and rule on to who owes that debt, so that he does not pay, you may hold him in contempt and seek indemnification from him due to the bank pursuing you, and

2) Perhaps a pleading to drop the lien and/or an assumpsit claim against the bank. Assumpsit for money had and received lies whenever one has received money which in equity and good conscience one should pay to another. Hydroflo Corp. v. First Nat. Bank of Omaha, 349 NW 2d 615 - Neb: Supreme Court 1984.

However, to smoothly navigate the legal system, an attorney is recommended. May I recommend the Martindale directory - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely and 2 other Consumer Protection Law Specialists are ready to help you
Customer: replied 3 years ago.

One last question, the type of attorney - should it be someone in family law or consumer law or what? I know it's a divorce issue but the attorney I had for my divorce said she didn't know much about debtor-type of issues. Thank you!

Please ask as many as you need to; this is why I am here.

Someone in family law is best - they deal with past bills and lingering divorce issues all the time.