Frozen Bank Account Shared With Wife

[Live from New York]

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.

[gigirle]

Do they have the right to freeze an account that is not solely hers?

Yep!

How long can the account be frozen?

Until the judgement is settled or you get Mel Harris to release it.

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?

I'm sure you can prove it, but they are not interested in that. They just want their money. They don't have to listen at this point, they have a judgement.

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?

She will probably have to go but it's probably listed online, I'm not familiar with Suffolk county but do a search.

If she wants to settle a former debt can it be settled for what is owed only?

They don't have to settle, they have a judgement. But anything is possible.

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.

She can file bankruptsy but you will likely not get this debt erased bc it's a judgement.

You can consult with a bankruptsy attorney, most do a free consult. I also advise that you sever any joint accounts with your wife so this does not happen in the future.

[Live from New York]

gigirle-
Thank you for your replies. I was pretty sure I knew the answers to most of the questions I asked but hoped that the bancruptcy would be the last resort. Also, when we speak with Mel Harris do they have to break down the monies owed, such as x amount for this credit card and x amount for interest. Or is it, you owe us this and thats that, with no explanation. Thanks again for the replies.