Notice 236 sent to me & writ/exec sent to the wrong bank from what I saw online? How can I protect the bank accounts I do have ?

[lrfsmf2019]

What is the name of your state?PA

Notice 236 sent to me & writ/exec sent to the wrong bank from what I saw online? How can I protect the bank accounts I do have ?

I am married with one child and do not own property. My husband and I rent. I have two joint bank accounts with my husband. The other big bank joint accounts I have are with my 15 year old daughter. Are these accounts I have with my daughter protected ? Should I add my husband to them to avoid this garnishment ? I am unemployed at the moment. I was laid off a year ago and I am still searching. I do not want to pay this judgment. Can I be completely sure before I file for bankruptcy that it will be completely wiped out ? What can I do to protect my bank accounts in pa I have right now ? Should I close them or add the husband to them? The judgment is from an ex lawyer I hired that sued me for fees when I stopped paying him and that is because he screwed up my case/forced me into a settlement I never accepted and I ended up hiring another lawyer to clean up the mess. I paid that lawyer and never paid the other who got me in a mess which resulted in more legal fees. The judgment is valid. What do I do ? I will need a lawyer. Please share your thoughts and thanks for reading. We did end up doing a bench trial instead of a jury (i wanted a jury but it would have been much longer and I didn’t want my family to continue the agony) the judge told me he didn’t want to give him anything honestly but he had to award him something for his work and for bringing this case against me. He was suing me for over 100k. The judgment is for 17k. I got the judgment back in 2016 but he is filing for certificate now ? And putting it on the county I live ? He has another lawyer in the same firm going after him for this judgment...what do I do to make it go away ? I don’t have much debt besides this so is bankruptcy a good option ? Would it make it go away for good ? And is it true with bankruptcy, I wouldn’t pay a dime but a lawyer and the filing fee ? I would be ok with it. Please advise and thank u very much for your time

 

[Zigner]

You say these are "big bank joint accounts". Do you mean they are joint accounts at big banks, or do you mean they are big joint accounts at the bank? How much money is in these accounts?

 

[quincy]

You received notice that a judgment has been granted against you. Your bank accounts can be identified and frozen and garnished to satisfy your debt.

You will need to fill out and file with the court a "Claim for Exemption" form, requesting a court hearing on the exemptions you are claiming.

There is a statutory exemption available for you to claim, and jointly held property can be exempt, as can certain retirement funds and social security benefits and unemployment compensation and some wages.

Speak to an attorney in your area for help in protecting your exempt assets. You will, eventually, have to pay the debt or look to having it discharged in bankruptcy. Discuss the pros and cons of bankruptcy with the attorney you hire.

 

[Zigner]

Honestly, the OP hasn't indicated that she can't pay the debt, just that she doesn't want to pay the debt.

 

[quincy]

Honestly, the OP hasn't indicated that she can't pay the debt, just that she doesn't want to pay the debt.

That doesn't eliminate the exemptions she is legally allowed to claim under Pennsylvania law, though.

 

[Zigner]

That doesn't eliminate the exemptions she is legally allowed to claim under Pennsylvania law, though.

True - I was referring to the matter of bankruptcy.

 

[quincy]

True - I was referring to the matter of bankruptcy.

The debt should be dischargeable in bankruptcy - although bankruptcy does not appear to be the best option.

The best option is to pay the debt - although $17,000 is a lot of money owed to the attorney.

 

[Zigner]

The debt should be dischargeable in bankruptcy - although bankruptcy does not appear to be the best option.

Why? If the OP has $100,000 sitting in that "big bank account", then why shouldn't she pay the judgment?

 

[quincy]

Why? If the OP has $100,000 sitting in that "big bank account", then why shouldn't she pay the judgment?

The $100,000 was the amount the attorney sued her for - but he was only awarded $17,000.

At least, that is how I read the post.

 

[Zigner]

The $100,000 was the amount the attorney sued her for - but he was only awarded $17,000.

At least, that is how I read the post.

Let me rephrase:
Why? If the OP has a bunch of money in that "big bank account", then why shouldn't she pay the judgment?
(My mention of $100k was coincidental.)

 

[quincy]

Let me rephrase:
Why? If the OP has a bunch of money in that "big bank account", then why shouldn't she pay the judgment?
(My mention of $100k was coincidental.)

Well ... everyone should pay their debts. I don't argue that. The reality is that not everyone will, though.

In Irfsm2019's case, she has legitimate exemptions she can claim so her joint bank accounts are not depleted to satisfy the judgment, and she has bankruptcy as an option to consider to discharge the debt.

Her husband is (apparently) not responsible for the debt so should not have his money garnished to pay it.

 

[Zigner]

I don't believe that we have enough information to conclude that bankruptcy is an option in this matter...and the OP hasn't responded to my question(s).

 

[quincy]

I don't believe that we have enough information to conclude that bankruptcy is an option in this matter...and the OP hasn't responded to my question(s).

Right. We do not have enough information to determine if bankruptcy is an option that makes sense for her.

That said, she said she owns no property and she has been unemployed for a year and what money she has is held in joint accounts and she does not live in a community property state. She potentially could file an individual bankruptcy and eliminate her debts without necessarily affecting her husband.

But I understand what you are asking her, and your reasons for asking. Any decision on bankruptcy will depend on all facts and these facts will need to be personally reviewed by a bankruptcy attorney.

 

[lrfsmf2019]

Right. We do not have enough information to determine if bankruptcy is an option that makes sense for her.

That said, she said she owns no property and she has been unemployed for a year and what money she has is held in joint accounts and she does not live in a community property state. She potentially could file an individual bankruptcy and eliminate her debts without necessarily affecting her husband.

But I understand what you are asking her, and your reasons for asking. Any decision on bankruptcy will depend on all facts and these facts will need to be personally reviewed by a bankruptcy attorney.

Thank you. I have an appointment with an attorney next week to discuss bankruptcy options. I found out why the attorney waited from 2016 to come after me now and thats to let the statue of limitations to expire for legal malpractice case.

Whatever $ I have in these accounts with my daughter are from the legal case I had with this attorney that sued me.

You received notice that a judgment has been granted against you. Your bank accounts can be identified and frozen and garnished to satisfy your debt.

You will need to fill out and file with the court a "Claim for Exemption" form, requesting a court hearing on the exemptions you are claiming.

There is a statutory exemption available for you to claim, and jointly held property can be exempt, as can certain retirement funds and social security benefits and unemployment compensation and some wages.

Speak to an attorney in your area for help in protecting your exempt assets. You will, eventually, have to pay the debt or look to having it discharged in bankruptcy. Discuss the pros and cons of bankruptcy with the attorney you hire.

thank you so much for your response. I will look into the Claim for Exemption form and my options (pros and cons) of bankruptcy. I have an appointment already made for next week.

 

[lrfsmf2019]

That doesn't eliminate the exemptions she is legally allowed to claim under Pennsylvania law, though.

Cannot wait to find out what exemptions I am legally allowed to claim under Pennsylvania law...I do have a traditional IRA, a Roth IRA account, 2 brokerage accounts, a 2006 Honda Civic under my name that is paid off, and all bank accounts are joint with either my daughter or husband.