Recently I tried to electronically transfer money from a checking account that I share with my wife to a Home Equity Line of Credit that is not attached to my wife, but is with the same bank. When I submitted this transaction it was red flagged, therefore I could not complete the transaction. I went into the bank branch and was told that a judgment has been placed against the account that had my wife attached to it. Long story even longer, I was given the name of the Firm that has levied the judgment against her and it was Mel Harris, an Attorney in Manhattan. I called the number given and they told me that a default judgment was served against her in court in Suffolk County with out her being present. The address that they had for her was at least 6 years old and she has not lived there in that long. She has been working all that time and has been getting a tax return, so she is not a mystery.
Here are my questions
1. Do they have the right to freeze an account that is not solely hers?
2. How long can the account be frozen?
3. Is there a way that I can prove that she has never deposited a cent of her own money in that account and it has only been used by myself and my monies?
4. If I or she go to court in Suffolk County will they give me a copy of the "affidavit of service", showing the amount or reason for judgment?
5. If she wants to settle a former debt can it be settled for what is owed only?
6. What happens if she decided to claim Bankruptcy, do the owed monies get dismissed and the account gets unfrozen in a timely manner? or does it takes 3-5 months for that process.
Any answers would help. This sucks.