Personal Asset(Checking) Garnisment

[bigfoot89er]

What is the name of your state? OK I live in the state of Oklahoma, my wife and I, in December were sued for unpaid medical bills. The plaintif receieved a judgement for the amount and has since proceeded to garnish both my business and personal accounts. They by-passed wage garnisment for now, but I am sure they will attach my wifes wages eventually. My question is how can they with-hold the entire balance of my accounts, with no warning and can this continue indefinatley?

[Betty]

Once they get a judgment against you, they can legally take all non-exempt assets including money from bank accts. & garnish wages. edited to add: They can take your assets/garnish your wages until judgment is satisfied.

[Ladynred]

You should have withdrawn all money and closed all accounts
a few days before going to court.

And that would not solve a thing. The courts could easily see that as what it is - and attempt to hide assets. NOT a good idea in the long run.

[moburkes]

Originally Posted by ambrelite

How would "the courts" Know you had an account, in what name,
in what bank, in what location, the nature of the account
when it was opened, when it was closed or if you had
anything at all?You are certainly not going to tell them all the details.
Your information is for you to know and protect
and for them to try and find out. You are not obligated to tell them anything.
Its Your money, not theirs. You can take money out and close accounts
all you want to while you still can.
In the long run? who cares? They will still end up with nothing.

You're kidding, right? How will they end up with nothing, when his wife has a paycheck that can be garnished, and they probably have assets that can attached?

[moburkes]

Originally Posted by ambrelite

his wife has a paycheck that can be garnished.

I hate to point out the obvious.
His wife can quit her job, no paycheck, then what?

She can get a job somewhere else and they won't know where.
She can work under the table, or in another country, the possibilities
are endless.

If he just sits back and does nothing in self defense for his own protection,
yes they will take everything he has. Why make it easy for them?

Great advice. Tell me where I can get paid under the table, in the state of OHIO to the tune of $50,000. Many people aren't willing to leave the country to avoid a debt. You're ridiculous.

[Ladynred]

How would "the courts" Know you had an account, in what name, in what bank, in what location, the nature of the account when it was opened, when it was closed or if you had
anything at all?

You clearly do NOT understand how things work when it comes to judgment creditors. Chances are they already know where she banks and more about her assets, joint or single, than you would imagine. Once a creditor wins a judgment, if they don't know, it's easy enough to find out - they subpoena her for a debtor's exam, either by interrogatory or court appearance and she will be forced to answer ALL their 'intrusive' questions about her job, her assets, where she banks, etc, etc. etc. To fail to appear in court or answer the interrogatories means you are in contempt of a court order and a judge can issue a bench warrant against you. You CAN be arrested and dragged into court to answer the questions.

His wife can quit her job, no paycheck, then what?

Then they go after other attachable assets - bank accounts, personal non-exempt property, liens on real property and even your car. Judgments in OH are good for 21 years, they'll wait, and in that time they can continue to subpoena her for more debtor's examinations !

If he just sits back and does nothing in self defense for his own protection,
yes they will take everything he has.

First, they can't take 'everything he has'. it's not HIS debt, it's hers AND there are exemptions, albeit paltry in OH. They can attach joint assets. You are naive in thinking they won't ever get paid or that they will just give up trying. The judgment will be on her credit reports for a long time (can stay there for the life of the judgment !!) so it they can make it painful if they ever want to buy say another house, a car or anything else jointly or her separately.

[Shay-Pari'e]

[quote=ambrelite;1561210]Good information.
My question is if they already KNOW
then why ask?
for verification? because they dont KNOW for SURE?

She could move to another state, then everything they claim to KNOW
changes.
Todays answers can change tomorrow, so can your location.
Again if bank accounts were closed well in advance,
well you cannot get anything from a closed account.

Also if they were to join a traveling circus or fair
that would get harder and more confusing for the pursuees.

As for credit reports, the way I understand it, Even if you DO Pay
its still on the report counting against you anyway, pay or not
its still a bad report, so what good points do you get for paying?

You do realize this is a legal site don't you? You are obviously a deadbeat of some kind.

[Shay-Pari'e]

LOL, People should check out Amb's posting history.

[tammy8]

Today was such a slow day at work so I got to check up some past postings. How did I miss all the fun and train wrecks???????????

[moburkes]

What happened? Who deleted all the posts?

[ambrelite]

I am leaving this site because of Harassment and Threats to
me and emails I received threatening my saftey
which sound like stalking.
I dont know who sent the threats and emails.
But I am going to get off line for awhile to be safe.