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Reload this Page auto lender placed lein on my joint bank account.

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  #1  
Old 08-21-2009, 03:29 PM
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auto lender placed lein on my joint bank account.

What is the name of your state (only U.S. law)? New Jersey

My husband totaled his car in 2007 and failed to pay the creditor the balance. Now, he already has a garnishment against his wages, and I receive a mouthly allowance from the state for the care of three nephews in which we are adopting. We have made the motion to object to the lein. Mostly because the allowance is more than his net income, also we have 3 children to take care of. He is willing to work out some kind of payment plan base on his salary, but the Law firm said at this time that is out of the question. So not only do we have no money to live off of, but they will not release the lein until the debt is paid. What are our rights? Also, can a creditor put a lein against an account if the person is already being garnished?
Last edited by nico007; 08-21-2009 at 04:19 PM.
  #2  
Old 08-21-2009, 04:39 PM
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Quote:
Originally Posted by nico007 View Post

Also, can a creditor put a lein against an account if the person is already being garnished?

The answer to this question is yes.
  #3  
Old 08-21-2009, 04:46 PM
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another important thing to note, in NJ the banks are responsible for not freezing funds that are exempt that are in a bank account. So I do not know what kind of State aid you receive, but it may be exempt check that out.

Moreover, if you have exempt funds "comingled" with non-exempt funds the bank will freeze everything and you will typically have to sort everything out later.
  #4  
Old 08-21-2009, 05:21 PM
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Originally Posted by dfromnyli View Post
another important thing to note, in NJ the banks are responsible for not freezing funds that are exempt that are in a bank account. So I do not know what kind of State aid you receive, but it may be exempt check that out.

Moreover, if you have exempt funds "comingled" with non-exempt funds the bank will freeze everything and you will typically have to sort everything out later.
It's a joint account - of course the funds are co-mingled.
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  #5  
Old 08-21-2009, 05:45 PM
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Originally Posted by Zigner View Post
It's a joint account - of course the funds are co-mingled.


Not necessarily?
  #6  
Old 08-21-2009, 05:49 PM
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Not necessarily?
Ummm - yeah. Once the funds hit they account, they belong to BOTH account-holders. Thus, "co-mingled"

ETA: Of course, it CAN be sorted out down the road.
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  #7  
Old 08-21-2009, 06:10 PM
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Originally Posted by Zigner View Post
Ummm - yeah. Once the funds hit they account, they belong to BOTH account-holders. Thus, "co-mingled"

ETA: Of course, it CAN be sorted out down the road.
Comingled funds means having exempt funds and non exempt funds in the same bank account. Thus, "co-mingled." I'm not sure where you got your defintion from but I would love to see a source.
  #8  
Old 08-21-2009, 06:29 PM
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Originally Posted by dfromnyli View Post
Comingled funds means having exempt funds and non exempt funds in the same bank account. Thus, "co-mingled." I'm not sure where you got your defintion from but I would love to see a source.
Person A deposits exempt funds
Person B deposits non-exempt funds

The funds that Person B owns are non-exempt. Since person B owns ALL of the funds (jointly), the funds are co-mingled. They have been MIXED
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  #9  
Old 08-21-2009, 06:49 PM
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Originally Posted by Zigner View Post
Person A deposits exempt funds
Person B deposits non-exempt funds

The funds that Person B owns are non-exempt. Since person B owns ALL of the funds (jointly), the funds are co-mingled. They have been MIXED

I have a joint account with my fiance and the only money being put into the account right now is her unemployment that gets directly deposited each week, but she allows me to withdraw because I pay all the bills. Therefore there is no commingling of funds, no funds are MIXED.

now DUCY joint accounts don't always have commingled funds or are you really that shortsighted?
  #10  
Old 08-21-2009, 06:54 PM
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Originally Posted by dfromnyli View Post
I have a joint account with my fiance and the only money being put into the account right now is her unemployment that gets directly deposited each week, but she allows me to withdraw because I pay all the bills. Therefore there is no commingling of funds, no funds are MIXED.

now DUCY joint accounts don't always have commingled funds or are you really that shortsighted?
So in other words, Person A deposits exempt funds, Person B does not deposit anything, and you think this is the same thing Zigner was trying to say? Apples and oranges.
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  #11  
Old 08-21-2009, 10:32 PM
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Going forward you need to set up separate bank accounts for YOUR money in YOUR name only.
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  #12  
Old 08-22-2009, 02:52 AM
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Originally Posted by You Are Guilty View Post
So in other words, Person A deposits exempt funds, Person B does not deposit anything, and you think this is the same thing Zigner was trying to say? Apples and oranges.
ummmm no Zigner was trying to say the below was accurate.

Quote:
Originally Posted by Zigner View Post
It's a joint account - of course the funds are co-mingled.
Quote:
Originally Posted by Zigner View Post
Ummm - yeah. Once the funds hit they account, they belong to BOTH account-holders. Thus, "co-mingled"

ETA: Of course, it CAN be sorted out down the road.
when it absolutely is not.
  #13  
Old 08-22-2009, 10:59 AM
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Originally Posted by dfromnyli View Post
ummmm no Zigner was trying to say the below was accurate.





when it absolutely is not.
Actually it is as far as the bank is concerned. The burden would shift to the account holder(s) to prove who the money belongs to. But - I'm sure I won't convince you so just carry on...
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Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #14  
Old 08-22-2009, 11:57 AM
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Originally Posted by Zigner View Post
Actually it is as far as the bank is concerned. The burden would shift to the account holder(s) to prove who the money belongs to. But - I'm sure I won't convince you so just carry on...
:doh: not if all the money is exempt dude c'mon.
  #15  
Old 08-23-2009, 03:09 PM
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thank you...

thank you all for responding. I have a court date in two weeks to contest the lein. The state aid is for my foster children. ( 3 nephews whom mother was murdered.) My husband and I are almost done with the adoption process. Hence, The state aid is for the support of them and is not considered income. It sould be exempt, but I am looking into it.
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