garnished for ex debt post divorce

[clrecchi]

What is the name of your state (only U.S. law)? WA
My employer has received garnishment papers instructing them to garnish my wages for a bad check my exhusband wrote FIVE YEARS post divorce. Evidently he wrote a check on an old bank account that we once had for our business years ago. My name was attached to that account because back then I did sign checks. How is this possible? I never received any mail, nor did I get served with any docs from the lawyer who generated this garnishment. I find this unbelievable. Please advise.
Christi

 

[LdiJ]

What is the name of your state (only U.S. law)? WA
My employer has received garnishment papers instructing them to garnish my wages for a bad check my exhusband wrote FIVE YEARS post divorce. Evidently he wrote a check on an old bank account that we once had for our business years ago. My name was attached to that account because back then I did sign checks. How is this possible? I never received any mail, nor did I get served with any docs from the lawyer who generated this garnishment. I find this unbelievable. Please advise.
Christi

How much money is involved?

 

[mistoffolees]

What is the name of your state (only U.S. law)? WA
My employer has received garnishment papers instructing them to garnish my wages for a bad check my exhusband wrote FIVE YEARS post divorce. Evidently he wrote a check on an old bank account that we once had for our business years ago. My name was attached to that account because back then I did sign checks. How is this possible? I never received any mail, nor did I get served with any docs from the lawyer who generated this garnishment. I find this unbelievable. Please advise.
Christi

You should have received notification. Furthermore, it is likely that statute of limitations will apply.

I would start by asking for copies of the garnishment papers to see what they say.

 

[LdiJ]

You should have received notification. Furthermore, it is likely that statute of limitations will apply.

I would start by asking for copies of the garnishment papers to see what they say.

I find this one very disturbing. Her ex committed a crime, 5 years post divorce and somehow she is being garnished for the money?

I realize that its because her name was also on the closed account, and that she wasn't proactive enough to make sure that all of the checks were destroyed, but still this is wrong.

However, the reason why I asked how much money was involved is because if the amount is small, the costs of fighting it could be greater than the amount they are after.

For the sake of anyone else reading this thread, its critical that you make sure that all unused checks on a closed account are destroyed.

 

[mistoffolees]

I find this one very disturbing. Her ex committed a crime, 5 years post divorce and somehow she is being garnished for the money?

That's why the timing is important. If it's still within the statute of limitations for them to collect from her, it's probably within the statute of limitations for ex to be charged with a crime.

 

[clrecchi]

Garnishment

The garnishment is $1630.08. I have copies of the garnishment papers. I called the originating law office & was told that it's unfortunate & would probably cost twice that amount to hire a lawyer to help me. How do I find out about a statute of limitations on this? How do I hold him responsible? Can I file charges against him? I will, if I can.

 

[LdiJ]

The garnishment is $1630.08. I have copies of the garnishment papers. I called the originating law office & was told that it's unfortunate & would probably cost twice that amount to hire a lawyer to help me. How do I find out about a statute of limitations on this? How do I hold him responsible? Can I file charges against him? I will, if I can.

Is he local to you? If so, you can simply call the police and discuss the problem with them, and see if its something they would arrest him for doing.

You should also sue him in small claims for the amount of the debt.

However, did a local court issue the garnishment order? If so, I would file a motion to vacate the order based on the fact that 1) you did not write the check, 2) the account was closed XXX years ago, 3) you have been divorced from him for XXX years, 4) you were never properly served for the case.

 

[clrecchi]

garnishment

Many thanks! I will follow your suggestions on this.

 

[mistoffolees]

Is he local to you? If so, you can simply call the police and discuss the problem with them, and see if its something they would arrest him for doing.

You should also sue him in small claims for the amount of the debt.

However, did a local court issue the garnishment order? If so, I would file a motion to vacate the order based on the fact that 1) you did not write the check, 2) the account was closed XXX years ago, 3) you have been divorced from him for XXX years, 4) you were never properly served for the case.

And you can probably do that without an attorney. Or, even with an attorney, it shouldn't take very much - and you could sue ex for the legal fees in small claims court.

But definitely turn him in to the police.