Need advice on bank garnishment for ex's judgement

[singlemom721]

Oklahoma

I have been divorced for about a year. Recently, my ex-husband was served a money judgement from a lawyer representing a credit card. Please note that it was not my credit card, and the judgement did not include me, nor did I have any knowledge of this judgement. While we were married, we had maintained seperate bank accounts, but each of us was listed on the other's account as a benefactor in the event one of us died so that the other would be able to provide for our daughter. We never used each others account, did not even have our names on the other's checks, and had no bank card to the other's account. After our divorce, my bank would not allow me to remove his name, and I really wasn't concerned because he had never accessed my account. Last Friday the full amount of what I had in my checking account (I had just deposited my payroll check) was frozen and eventually garnished due to the money judgement on my ex-husband that I had no knowledge of. My five year old daughter receives money every month from Social Security that is also deposited into this account, and was also part of the money that was garnished. I pulled my deposit records for the last 90 days and was able to prove that every penny that went into that account was either my payroll or my daughter's social security. I also faxed the attorney a copy of my divorce decree that shows that any asset I have obtained since the date of my seperation from my ex is mine and only mine. The opposing attorney will not release the garnishment, even though I have proven that the money was mine and my daughter's, and that my ex and I have not been "co-mingling" funds. If this thing goes to court, is my money and my daughter's money exempt from a garnishment that does not include either one of us? Any advise is appreciated.

[JETX]

Originally Posted by singlemom721

Last Friday the full amount of what I had in my checking account (I had just deposited my payroll check) was frozen and eventually garnished due to the money judgement on my ex-husband that I had no knowledge of.

There is no requirement that you have knowledge of the judgment. The simple fact that the account is CO-owned (both names on it) is sufficient to warrant the garnishment.

My five year old daughter receives money every month from Social Security that is also deposited into this account, and was also part of the money that was garnished.

File an exemption motion with the court, present your evidence of the SS deposits and the court should release THOSE funds.

I pulled my deposit records for the last 90 days and was able to prove that every penny that went into that account was either my payroll or my daughter's social security.

Your payroll is not relevant... it is not exempt from seizure.

[qutoe]I also faxed the attorney a copy of my divorce decree that shows that any asset I have obtained since the date of my seperation from my ex is mine and only mine.[/quote]
Not relevant. His name is on the account... it is his jointly owned money.

[quote If this thing goes to court, is my money and my daughter's money exempt from a garnishment that does not include either one of us?[/quote]
As noted above, the SS funds are exempted, but your money is not. You will need to pursue a separate lawsuit against your ex to try to recover your 'damages' (amount you were forced to pay on HIS debt).