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Old 04-10-2003, 04:39 PM
fcbinva
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incorrect legal advice


In VA. what recourse do I have if an atty. gave incorrect legal advice re: a judgement against my spouse-- the atty said our joint account was safe--couldn't be touched-- & it's been frozen for garnishment! Spouse is stay-at-home all deposits were mine...
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Old 04-10-2003, 06:21 PM
JackSchroder
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If Virgnia is a community property State, you are stuck, unless:
You have in writing a pre-nuptial agreement that holds your income as a separate property;
or you made all your contributions prior to marriage.
Your accounts were not safe if those two requirements are not met.
What can you do? You should see a lawyer who specializes in attorney malpractice. The very least you should go for is recovery of all your money lost to garnisheement. But, Virginia laws may dictate something else. I'd be sure the lawyer I hired does not play golf with the lawyer who advised you.
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