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#1
10-21-2008, 11:37 AM
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Legal hold on bank account/Objection of garnishmentI have a $8,000 debt with Chase Circuit City that I opened up about 5 1/2 years ago with an exboyfriend. The debt with interest is now up to about $11,000. No payment has been made in quite a few years. I now live with my current boyfriend and a have a baby. For convenience reasons we put my name on his bank account. The collection attorney's for Chase Circuit City have now put a legal hold on our account which has about $1,100 in it right now. I went to the court this morning and filed an objection of garnishment because none of the funds in the account are mine. I do not have a job. I 'm a stay at home mom for my 4 month old. I have a court date for next Thurs. I'm bringing to court my boyfriends paystubs, bank statement and anything else that might help. Does anybody know if this will get the legal hold off of his funds and what may happen next if I'm not working? I live in Michigan. Thanks to anyone that may help! |
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#2
10-21-2008, 12:16 PM
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Unless you want your boyfried to pay your debts, you should consider obtaining some kind of employment to pay them off. You have been afforded the enjoyment of $8000 worth of products you promised to pay for and haven't. There is something morally wrong with being financially irresponsible.
__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.  |
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#3
10-21-2008, 12:44 PM
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| Moral judgment aside, Wirelessany1 is essentially correct. The fact is that you are now a Judgment Debtor and the Judgment Creditor has certain remedies available to them that they can invoke to collect their judgment. These include, as you are now finding out, wage garnishment, bank levies and liens on any personal and real property. Moreover, if you try to transfer or convey any asset that could be used to satisfiy their judgment to anyone, like your boyfriend, you will probably be afoul of the Uniform Fraudulent Transfer Act which would then allow the Judgment Creditor to go after the person to whom you made the transfer. You have 3 options: (a) pay the debt and thereby satsify the judgment, (b) file for Bankruptcy which, if you obtain a discharge, eradicates the judgment or (c) go on living as a judgment debtor which effectively means that any property you come by is effectively encumbered by the Judgment Creditor until (a) above happens. |
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#4
10-21-2008, 02:06 PM
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| Thank you for your advice! I talked to an attorney and he said the judge will release the funds because I have proof that the funds are his and not mine. He also said that I am uncollectable because I am a stay at home mom. He said I should give the judge a lead on the exboyfriend. If thay end up being able to take any money from the account they can only take half. Wirelessany1 shouldn't judge anyone unless he's perfect himself. I will not feel bad about staying home and raising my son. Haven't you heard? Daycare is quite expensive. On top of that children are much better off being with their parents. I can only hope for you that you never run into any financial diffculty! |
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#5
10-21-2008, 02:57 PM
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You're welcome for the vcr, stereo system, Ipod, tv, cd's and movies I and the rest of the financially responsible people purchased for your leisure. You have also negelected to teach your son a very valuable lesson - remember your child will learn by watching you. So I guess you'll show him how to be a social expense and irresponsible. enjoy watching your soaps!!!
__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us. |
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#6
10-21-2008, 03:13 PM
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| You should be president. You have no idea what you are talking about. You come across as very judgemental. That is an awful quality in a person. |
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#7
10-21-2008, 03:20 PM
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First: There is NO reason why they cannot seek the full amount from you. Both signers on the account (the Circuit City account) are jointly AND SEVERABLY liable up to the full amount debt. They can seek recovery from you, him, both of you or neither of you. It's up to them. Second: The attorney you spoke with would not have told you that the funds will definitely be released back to your current BF. Third: The attorney you spoke with would not have told you that the judge would give a rat's arse about the contact info for your ex. The judge doesn't collect the judgment. Fourth: You already have a judgment against YOU. This is no long a "credit card debt".
__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. 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) |
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#8
10-21-2008, 03:20 PM
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__________________ * * The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision. 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) |
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#9
10-21-2008, 03:26 PM
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__________________ There are two rules for success: (1) Never tell everything you know. |
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#10
10-21-2008, 03:31 PM
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__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us. |
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#11
10-21-2008, 03:32 PM
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Sorry. Bask away.
__________________ There are two rules for success: (1) Never tell everything you know. |
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