question about whether a collection agency can take money that isnt mine from a joint account.

[viper1970]

What is the name of your state: Maryland.

About a year and a half ago, my house burnt down, we moved into a rental while the insurance took care of the rebuild. During that time I had a credit card that I owed money on, and completely forgot about. A week ago, almost nine hundred dollars went missing from my ex wifes account, and it was the judgement collected against me. The account while joint, isnt mine....its my ex wifes. We have a great relationship and we both have joint accounts just in case one of us dies. The money they took out wasnt mine, it was my ex wifes money.....is that legal?

 

[Taxing Matters]

What is the name of your state: Maryland.

About a year and a half ago, my house burnt down, we moved into a rental while the insurance took care of the rebuild. During that time I had a credit card that I owed money on, and completely forgot about. A week ago, almost nine hundred dollars went missing from my ex wifes account, and it was the judgement collected against me. The account while joint, isnt mine....its my ex wifes. We have a great relationship and we both have joint accounts just in case one of us dies. The money they took out wasnt mine, it was my ex wifes money.....is that legal?

The basic rule when applying garnishments/levies to financial accounts is that the creditor serving garnishment/levy steps into the judgment debtors shoes and can access any funds that the judgement debtor could access. So if you could take money of out that account, so could the creditor. In short, it very likely is legal.

 

[LdiJ]

What is the name of your state: Maryland.

About a year and a half ago, my house burnt down, we moved into a rental while the insurance took care of the rebuild. During that time I had a credit card that I owed money on, and completely forgot about. A week ago, almost nine hundred dollars went missing from my ex wifes account, and it was the judgement collected against me. The account while joint, isnt mine....its my ex wifes. We have a great relationship and we both have joint accounts just in case one of us dies. The money they took out wasnt mine, it was my ex wifes money.....is that legal?

If your name is on the account, then legally its your money and is available to be garnished/levied. So yes, its totally legal. Your ex wife needs to get your name OFF her account and you need to repay her the money that was taken.

 

[FlyingRon]

Yep, there's no part of a "joint" asset that isn't yours.

 

[Zigner]

Why don't you simply pay her back?