Court tomorrow- Please help!

What is the name of your state? Connecticut

Location: Connecticut

Good morning friends. This is my first post in these forums and I'm happy to be here.

I have an issue concerning a bank execution that has been granted versus one of my personal accounts.

I had a medical debt of about $5,500.00 ten years ago. I was younger and less responsible then. The opposing attorney has had my joint (my wife) bank account frozen and I have responded by filing Connecticut's exemption claim form. There is about $3,800.00 in the checking account.

My questions are these:

1. Will the court allow the plaintiff to take my wife's funds that she had direct deposited from her work? I have an attorney but I wasn't going to use him for this because of cash flow reasons. He seems to think they cannot take more than 50% of the funds in the account. If it matters, I was not married to my wife at the time the debt was incurred.

2. A question regarding a hardship defense. I have just received a loan modification from my lender and I have paperwork showing I need to pay them $3,000.00 immediately in order to finalize the agreement. I am also currently unemployed. Will the court consider this or simply give the plaintiff whatever is in my account regardless?

I am aware that unemployment funds are exempt. However, no unemployment funds have been deposited into that account. The only funds deposited in the account are $2,500.00 from my final employment expense check ($1,500.00) and from my former employer to pay Connecticut state taxes as they are out of state ($1,000.00), also my wife's payroll - $4,500.00. These funds are greater than the $3,600.00 in there now because much went out to pay expenses.

3. I have made several attempts to resolve this in the past year including explaining my situation to the opposing attorney, offering a payment program in August 2007 (which they agreed to but then said I never responded to their correspondence on. Finally, I handed them a check for $1,500.00 three weeks ago and they refused to cash it and enter into a repayment program for the balance. Will the court consider my efforts?

My hearing is TOMORROW! Any help would be greatly appreciated.

Thanks again.

CS

1. The funds are considered co-mingled and can be taken. You wife needs an account in her name only. Your marriage status at the time the debt was incurred is irrelevent.

2. The court and plaintiff are not a party to the loan modification. They can care less.

3. There is a very slim chance. Don't hold your breath.

FYI, unemployment is considered taxable income, the portion you receive above the federal minimum wage is subject to garnishment.

3. I have made several attempts to resolve this in the past year including explaining my situation to the opposing attorney, offering a payment program in August 2007 (which they agreed to but then said I never responded to their correspondence on. Finally, I handed them a check for $1,500.00 three weeks ago and they refused to cash it and enter into a repayment program for the balance. Will the court consider my efforts?



This is not a settlement offer.

This is a plea to change one set of promises which you did not keep with a new set of promises. For that reason, the court will not consider your efforts.

Thanks guys. Not the response I was hoping for but I do appreciate it.

Guys,

Just a follow up. The opposing attorney agreed to split the funds in the account, $1,900 each. Payments for the balance begin next month. I don't know why he agreed to this if they could have taken it all. Thanks again.

In many cases, unemployed person owing money equals bankruptcy. Being nice ensures they get their money. You may also find the creditor did get a judgment and will use it if you don't keep up your end of the deal.