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controlledchaos

Guest
Mpls. MN

I currently have a judgment for 12,000 but currently have the balance under 9,000. Six months ago I became unemployed, and since I haven’t a degree I wasn’t able to find a job. So to resolve this problem I went back to school for INT, I will graduate in another 3 yrs.

When I first became unemployed I let the law firm handling the judgment know that I had become unemployed and that I was going back to school. Since then I haven’t heard anything from them about continuing my payments. I didn’t find this unusual since in the past when this has happened, I’ve always let them know when I find a new job.

My question is; my girlfriend put me on her checking account so I could get a debt card for emergencies. I have only once put funds in this account totaling $400.00 but immediately spent it since it was given to me by my sister for a computer upgrade I was doing for her. On 6/24/03 the balance in the account was $100.00, on 6/25/03 she deposited a check from her auto insurance company for a little over $900.00. On 6/27/03 she deposited her paycheck for around $400.00. This gave her a balance of 1,300. On 6/28/03 I received a letter from her bank stating that they had captured all but about $40.00 of her account balance on behalf of the Law firm handling my judgment. In the 11 exemptions given I know they’ll have to give back her insurance money, but what about her paycheck and the original balance of $100.00? Since it’s not my money and she can show proof that it is hers (Pay stubs) do they have the legal right to capture those funds?
 


JETX

Senior Member
Have her file an exemption claim for her deposited funds and the court will set a hearing. They will evaluate her claims for exemption and decide whether to grant them (and return the funds) or to deny (and retain the funds).
 
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controlledchaos

Guest
By chance do you know how long that will take?

Also, Is there any counter action that can be taken against them for doing this since I did willingly let them know my current situation? They never even asked (by phone or mail) once if my employment status had changed or if I'd keep them up to date.

Finally yet importantly, since the account isn't a full-share account and all the paper work is worded to make it sound like it's my account alone, it doesn't mention her name anywhere and it's her account? They also drained her savings account, which my name isn't on. How can they do that?
 
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