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  #1  
Old 04-20-2008, 03:09 PM
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checking account garnishment


What is the name of your state? la

I have a judgement against me for 11k from chase bank credit card, I lost all my credit worthiness 4 years ago because of illness, I am back to work but don't have enough to pay this off or the ability to borrow because of my credit. 2 months ago they garnished my checking account for $35.00 which was all I had in my checking for the day they garnished it, now I am stuck with not being able to deposit my paycheck, my husband has opened his own personal account and he cashes my check then we deposit it in his account. Is there any way I can be forewarned when they would garnish my account again?

Last edited by GUMBOYAYA; 04-20-2008 at 03:28 PM. Reason: forgot to post my question
  #2  
Old 04-21-2008, 01:29 PM
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have you considered filing chapter 7 bankruptcy? It'll wipe out that judgement and all your other debt.
  #3  
Old 04-21-2008, 08:34 PM
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Quote:
Originally Posted by SF439 View Post
have you considered filing chapter 7 bankruptcy? It'll wipe out that judgement and all your other debt.
Do you ever have any legitimate advice? All you seem to do is advise chapter 7 regardless of any other info.
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  #4  
Old 04-21-2008, 09:11 PM
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Quote:
Originally Posted by GUMBOYAYA View Post
What is the name of your state? la

I have a judgement against me for 11k from chase bank credit card, I lost all my credit worthiness 4 years ago because of illness, I am back to work but don't have enough to pay this off or the ability to borrow because of my credit. 2 months ago they garnished my checking account for $35.00 which was all I had in my checking for the day they garnished it, now I am stuck with not being able to deposit my paycheck, my husband has opened his own personal account and he cashes my check then we deposit it in his account. Is there any way I can be forewarned when they would garnish my account again?
To give your question a direct answer, no you will not be forewarned. If the court order comes into garnish your account, it is done at that time. You will be notified later by your financial institution of what has transpired.

You are better off facing this situation by engaging a non-profit credit counselor. Look for advice from some of the senior members about your financial situation. Please don't take the advice of SF(what's-his-name). He's got no clue.
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  #5  
Old 04-21-2008, 11:14 PM
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You have another problem though. Having the money in your husband's account will NOT protect it - LA is a COMMUNITY PROPERTY STATE - that means your judgment is HIS judgment - and his money is YOUR money !!! Once the judgment creditor finds the account, kiss that money bye-bye !
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  #6  
Old 04-22-2008, 09:57 AM
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For certain situations it's the best option. Especially when it's a large amount and the person cannot afford to pay. Nothing wrong with it. It's my advice.

Quote:
Originally Posted by Indiana Filer View Post
Do you ever have any legitimate advice? All you seem to do is advise chapter 7 regardless of any other info.
  #7  
Old 04-22-2008, 06:04 PM
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Quote:
Originally Posted by SF439 View Post
For certain situations it's the best option. Especially when it's a large amount and the person cannot afford to pay. Nothing wrong with it. It's my advice.
I agree, you should consider bankruptcy. I would try to speak with an attorney in your area, or seek some free legal aid.

Depositing your check in your husbands account will not save your check. It's just a matter of when they will find out. They will garnish that account as well. You may be able to file exemptions, but that is difficult and frequent process.

Your best bet is to try to face this charge, in one way or another. An attorney should be able to assist you.

Good luck!
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  #8  
Old 04-22-2008, 08:17 PM
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Quote:
You may be able to file exemptions, but that is difficult and frequent process.
Says who ? It's not THAT hard, you fill out a form that you get from the court clerk and you file it with the same court clerk. Done deal.

Bankruptcy is an option on the table, but it is NOT always the ONLY option, and it should be the LAST option when all else fails.
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