Garnishment of my husbands bank account

coaks · #1 02-06-2005, 12:45 PM

When my husband opened his bank account he needed a parent to co sign with him because at the time he was under 18. His father co signed with him on the account. Since then my father in law apparently owed some money to someone. We don't know who. We just found out that my husbands bank account was garnished. We had absolutely no notification from the bank or from any court. His father says that he hadn't recieved anything from the bank either. All of the money in there was ours. It was from my husbands wages and also the money I gave to him to pay the bills. All of the checks for the utilities have bounced. It was garnished on Jan 21st, and we didn't know it about the first week in Feb. We don't know what we can do, or if there is anything we can do. We live in UT, please help.

Anonymous · #2 02-06-2005, 03:36 PM

The first thing you need to do is get a copy of the order or other document which authorized the garnishment from the bank. That document will at least let you know why the garnishment was implemented, and may provide you with some information on how to challenge the garnishment. (Or did you get some documentation somehow indicating that the garnishment was for your father-in-law's debt? If so, review that documentation.)

Information on the procedure that is supposed to be followed for a garnishment authorized by a court is set forth in Rule 64d of the Utah Rules of Civil Procedure.

You may also wish to check with a local lawyer to see what duty the bank has under Utah law to notify you of the garnishment, or if the bank can simply assume that you have received notice from the garnishor.

bnielson · #3 02-07-2005, 01:22 PM

This is the husband. What can we do since the bank or whoever has failed to send me or my father any papers about the garnishment. I called my bank they said the papers were mailed on the 31st of jan intrastate that should take no more than 2 days to reach us. They then "resent" the papers 5 days ago. Can we hold the bank liable for anything?

Anonymous · #4 02-07-2005, 02:47 PM

You have not yet indicated the basis for the garnishment, or the nature of the order served on the bank. So all anybody can do is guess about what happened.

The bank is obligated to obey a court order once it is served. You may wish to check with a local lawyer about what additional notice requirement they have, if any, to inform you that they have been served.

bnielson · #5 02-07-2005, 02:59 PM

We dont know the basis for the garnishment, we know it is from household bank. We know the lawyer's name that represented the bank and my father has recognized the name. They wont talk to me about anything. He must have had dealings with the bank/lawyer before he wont say what they are.

If I can get these papers that (as explained to me) has details about how to see a judge. If I prove with paycheck stubs and bank statements that the money is ours, do you think we have a chance of getting it back or am I going to have to confiscate some of my fathers property to sell on Ebay to raise the money? :wink:

bnielson · #6 02-07-2005, 03:57 PM

Update:

They were supposed to have given me and my father papers that explain the appeal but would have to have been recieved and filled out within 10 days of mailing. they were "mailed" 1/27/05. They have not been recieved by me or my father and they did not ever mail my second request. It is now past the time alloted. I dont know what to do.

hopefully my family will recieve the fax they are sending of the papers. I wish someone could explain how BOTH the sets of papers "sent" on the 27th did not reach me or my father.

Anonymous · #7 02-07-2005, 09:22 PM

When you get the papers, you should appeal anyway, providing an explanation to the court of the delay (i.e., you did not receive the papers which were supposedly mailed to you).

coaks · #8 02-08-2005, 06:05 PM

We have a court date!

Now lets just hope it goes okay. :?

bnielson · #9 02-28-2005, 06:35 PM

I went to court and the judge had me and the lawyer settle the case outside of court. He said that legally the money belongs to both me and my dad but, the courts seem to favor the person that proves the money belongs to them. So he told me that they will release the funds and we told the judge. A week and a half later now, I have my money back and will close my accounts and find a new bank.

this is just for future in case reference.