Reposession and Bank Accounts

[Pacman76]

What is the name of your state? Arizona

Wow, this is a pretty good forum. I've read most of the topics on here and it's probably the best help site I've seen so far.

Long story kinda short. Got divorced last year. Had 2 vehicles in my name with 2 different banks. Both were in my name only. Ex wife decides she doesn't want the SUV, so she gives it back to me. After this, I lose my job, move apartments, and basically uproot my life. I did a voluntary repossession for her vehicle. It was sold at auction, and the amount I owe is still astronomical. Of course, I have no job and 13K in disposable income is unheard of at this point in time. Basically, my father assists me with my bills, living expenses, and come the 15th I'm back in college for about 3+ years. No disposable income, no W2's, no paycheck. I know I owe it, I take responsibility for it, it's just impossible to do so right now. So here come the questions....

1:. I know they can seize my bank accounts. No big deal. What IS a big deal is the fact that I have a joint account with my mother and my aunt. I can't just take my name off it, it would have to be closed and redone. Bad news is my aunt lives in another country and writes checks against that account. We can't send her a box of checks because she would never get it. Can they still go after this account even If I haven't used it since 10 years ago and none of that money is mine? This is the big question looming right now.

2:. I am an authorized signer of a business account, but I am NOT on the account as a holder. Basically, it's in my dad's name, but I can sign checks. Can they come after that?

3:. The other vehicle that I pay a loan...can they come after that even if the title is not in my name? It's not even close to being clear yet.

4:. How does liquidating assets work? Does the sheriff come over to your house and decide what can go and what can't? It's not like I have anything of value anyhow. I live fairly modestly. On top of that, I have a roommate. Will they differentiate what's his and what's mine?

I'll probably have some more questions, but that's it for now. Thanks in advance.What is the name of your state?

[Chien]

Everything that you need to know has been asked and answered innumerable times. I’m not trying to shortchange you on your own particular problem, but try using the “search” function for:
Exemptions
(a) Need to claim
(a)(1) Extreme but unavoidable pain in the neck.

Then, if you still have questions left, please post back. (If your aunt is in another country, she will probably have to give your mother power of attorney to represent her.)

[Pacman76]

Originally Posted by Chien

Everything that you need to know has been asked and answered innumerable times. I’m not trying to shortchange you on your own particular problem, but try using the “search” function for:
Exemptions
(a) Need to claim
(a)(1) Extreme but unavoidable pain in the neck.

Then, if you still have questions left, please post back. (If your aunt is in another country, she will probably have to give your mother power of attorney to represent her.)

Chien, thank you for your reply, however, (a) Need to claim has approximately 10 plus pages. Do you happen to have a link, especially for question #1?

And (a)(1) Extreme but unavoidable pain in the neck. would help me with bed sores and a staph infection according to the search function.

"Then, if you still have questions left, please post back. (If your aunt is in another country, she will probably have to give your mother power of attorney to represent her.)"

Pardon? My aunt and my mom are only listed on the joint bank account. My question was, can the agency come after that bank account. Could you please clarify why my aunt would need to give my mother power of attorney.

[Chien]

“They” can come after the bank account. If the funds of third-parties are co-mingled and seized, and you have no legal right or interest in those funds, the third-parties are going to have to seek to have them released. If your aunt is out of the country, it will be difficult for her to do that, if she must. Ergo, she gives a POA to your mother to enable her to advance claims of both individuals.

While seizure of the “other vehicle” and garnishment of the business bank account seem unlikely on the facts posted, stranger SNAFUs have happened. If it happened, the same exemption process is required. They are not going to ask you in advance whether they are doing the right thing. They are going to say “oops” after the fact. If there was a reasonable basis to believe that the asset was yours, an apology and a return are all that you’re going to get, those may take awhile and the apology may not be included.

As to personal property belonging to the roommate, everything already said applies. Unlikely but legally possible. Everything have name tags and receipts attached? No? Then the procedural possibilities and necessities apply as well.

[Pacman76]

Thank you! That actually explains a lot. I appreciate it.