checking account garnishment

[ninjamom2]

What is the name of your state (only U.S. law)? Maryland
My checking account has a legal restriction due to a garnishment from a lawyer for a credit card...i was not notified they were going to do this....left me 37.00 to my name....my question is....if my husband (its in his name) files for bankruptcy before the money is actually taken from my checking account will this stop the garnishment or will it still be taken from my account? thanks

 

[justalayman]

in whose name is the bank account and who is the garnishment against? It's not clear in your post.

and are you to be included in the bankruptcy?

 

[ninjamom2]

the bank account is in both mine and my husbands name and only my husband will be filing bankruptcy...the garnishment is in my husbands name on ly

 

[justalayman]

filing will stop them from taking the money but it will not release the hold.

 

[ninjamom2]

will the hold be in place until the bankruptcy is finalized

 

[dfromnyli]

the hold will be released if i recall correctly. when one files a chapter 7 or 13 whatever the money in the bank account then becomes the property of the bankruptcy trustee and not anyone elses.

 

[justalayman]

the hold will be released if i recall correctly. when one files a chapter 7 or 13 whatever the money in the bank account then becomes the property of the bankruptcy trustee and not anyone elses.

the trustee does not take ownership of property. They only control property. Regardless, the account will not become accessible to the OP unless the courts determine that is the proper course. Either the hold will continue, which is typical since actions cannot be changed once the BK is filed unless the courts allow it to, or the trustee will take control.

 

[dfromnyli]

yea true. the trustee almost always gives the money back to the pettioners though or at least uses it to pay off some creditors.

 

[justalayman]

yea true. the trustee almost always gives the money back to the pettioners though or at least uses it to pay off some creditors.

yes, exactly

 

[ninjamom2]

if all debts are forgiven which is the type of bankruptcy he will be filing wouldnt the money be returned especially since he hasnt been working and has nothing of any value that would be the only asset he has and 1/2 or more is from my paycheck..i do realize however that they wont take any of that into account...but what i m trying to say is if he files and it is deemed appropriate that all his debts be expunged he would probably get that money back right or else he would have to file the type that he would have to pay some of his debts back which would be impossible since he has not one cent

 

[dfromnyli]

if all debts are forgiven which is the type of bankruptcy he will be filing wouldnt the money be returned especially since he hasnt been working and has nothing of any value that would be the only asset he has and 1/2 or more is from my paycheck..i do realize however that they wont take any of that into account...but what i m trying to say is if he files and it is deemed appropriate that all his debts be expunged he would probably get that money back right or else he would have to file the type that he would have to pay some of his debts back which would be impossible since he has not one cent

From the sound of this post it seems that he may be filing a chapter 7 pro se. is that correct? i've worked for creditors and for debtors for about 10 years and I dont ever recall seeing 1 pro se bankruptcy filing ever ending well. If there is an atty representing him just tell him the situation about the bank account/money seized.

 

[ninjamom2]

thanks for the info...no he wont be doing it himself we are planning on seeing a lawyer on monday....i was just trying to see what we may be in store for since I now have about 20.00 to my name and am getting ready to get me gas and electric turned off and lose my house...thanks for all of your input i really appreciate it

 

[justalayman]

a chapter 7 does not simply erase all of the debts. It examines the debts and assets of the filer and in many cases, some of the debts are required to be paid with assets available.

I do not know any of the specifics of your situation so I cannot state if the money will be used for such or not. That is something hubby will have to address with the trustee.

 

[ninjamom2]

thanks for the info...he has no assets and now no job he is a self employed contractor and officially finished his last job on Friday so I guess we ll take it from there thanks again

 

[gotgarnishment]

We just got our first 'summons'. It's from the debt collector, so it seems like just another attempt to collect a debt we cannot pay right now.
We have zero wages/income, only minimal savings that we are rationing to live on...Can a debt collector go after our money in checking/savings accounts after they go to court? Very scary.