Joint acct, wrong name for spouse on summons?

[lotusflwr]

What is the name of your state?What is the name of your state? Virginia

Hello,

I had a judgement entered against me about 2 years ago. They seem to have found out my bank account and put a bank account garnishment against it for the sum of the judgement. I had moved twice since it was entered, and just completed moving yet again about a week ago, so the mail and summons are all playing catchup.

Anyway, I had enough to cover the bank garnishment - once I found out about it, I transferred more funds into my bank account so it wouldn't bounce my auto-drafted bills. My credit union set the amount aside and released the hold on my account. I thought it was all said and done until I went to my (now former) apartment to clean it before turning in the keys.

There was a summons on the door for someone named "Barry", who my bank claimed was the secondary on my account. The only person on my account is myself and my husband who is not named Barry or anything remotely like that. Included with the summons was the letter from my bank informing the court or judgement creditor that "Barry" was also on my account and would have to be summoned before they could release the funds, in accordance with some VA code.

Naturally I assume they meant to have my husband summoned. However, it does not have any information other than the incorrect name and last known address (which we now no longer live at). To complicate matters further, the letter from the bank was posted July 19, the summon was left at the old apt on July 27 and "Barry" is told to appear at court August 8th. And my husband just left for a 4 month job in another state and cannot possibly return to answer this summons.

My husband doesn't care that they garnished the account. We just want it over with, and of course don't want him to be arrested or something for failing to appear in court to answer this summons, if they can even do that.


My question is threefold:

Whom should I notify about the wrong name on the summons?

Will the wrong name make any difference?

Is there a way to pay off the judgement after the bank already seized the funds, or a way for my husband to send a letter or something saying they can go ahead and release it to pay the judgement?

Thanks for your help in advance...