checking account garnishment

[cairns5]

What is the name of your state? MO

I am looking for some advise please. I had a credit card 10 yrs ago. 5-6 yrs ago i got a judgement against me. i payed on it faithfully until i had some finacial difficulties. 2 years ago they garnished my joint checking account. The garnishment was quashed because the judgement was on only me and not my husband. I got my money back then tried to contact to collector with a settlement. They would never return my calls. So now here i sit pennyless because they have garnished my account AGAIN.

First question is why didnt they first try to garnish wages before they garnished checking account.

second question is since the first garnisment was quashed why are they trying it again?

I am not sure what the SOL is here in MO for this.

Any advise or help would be appreciated.

[Chien]

Q. why didnt they first try to garnish wages before they garnished checking account.

A. They'll pursue any asset they can find. The bank account was easy; especially if you haven't changed it. Wage garnishment is likely to be next.

Q. since the first garnisment was quashed why are they trying it again?

A. (1) Possibility that they didn't learn from the first time, (2) possibility that you did learn from the first time and segregated accounts, (3) possibility that a new court won't wholly quash the garnishment but instead require "him" to prove what's his and you to prove what's yours (probably unlikely, in my opinion, but you don't say whether the original debt was pre- or post marriage and, depending on the facts, the next ruling could go against you) and (4) post-judgment costs for legally proper enforcement actions can be added to the existing judgment balance, so their expenditure is only temporary and is now charged back to you. (You're paying for their mistakes.)

(Better question: why didn't you change accounts after the first time?)

Q. I am not sure what the SOL is here in MO for this.

A. The SOL is now on the judgment, and that's 10 years (assuming it was entered and remains in MO), and it can be renewed at 3-year intervals.

With due respect, there is nothing in the post that says you started to again "pay faithfully", after you were beyond the "financial difficulties". Perhaps it's time to try to make some arrangement for doing that regularly, in exchange for "calling off the dogs". The alternative is for you to keep geting these rude surprises, and post-judgment interest will continue to grow and possibly offset all the payments you've made.

[cairns5]

We were married when i got the credit card, it was just in my name. The reason why i didnt change the checking account was because my lawyer said they couldnt garnish it again. Yes i still live in MO. It is the same court that issued the ok to garnish my account the first time. Shouldnt they have known that we beat it last time? After we got our money back the first time i did try to contact them to make a settlement but they would never return my calls. I even tried to call yesterday when they did it again and no one would answer. Shouldnt my bank realized that we went through this two years ago and it shouldnt been garnished then and why do it again. I talked to my local court house and she said the bank could have rejected the garnishment because it was a joint account. So why didnt they do that?

[JETX]

Originally Posted by cairns5

First question is why didnt they first try to garnish wages before they garnished checking account.

Wage garnishment is just one 'tool' that a judgment creditor can use (where allowed). Why they use one over the other is entirely up to them.

second question is since the first garnisment was quashed why are they trying it again?

Simple answer... because they can.

I am not sure what the SOL is here in MO for this.

The SOL in your state for a judgment is 10 years and can be refreshed for additional time.