Garnishment of Joint Bank Account

[brokeandscared]

My question involves judgment recovery in the State of: Alabama

I was recently given notice of a default judgement issued against me for a credit card debt. While I was originally served with the summons from the court, I was never notified of a court date. Therefore, a default judgement has been granted. I received notification from the attorney suing me that the judgement had been granted and they wished me to tell them the name of my employer so that garnishment proceedings can begin. I am not in any hurry to do this. I am concerned however that they will garnish my bank account. I am the sole provider for my family, barely making $2500.00 a month. I am only paid once a month and my check is direct deposited in a joint bank account that my husband and I share. As of yet, the creditor does not know where I bank, but did attempt to garnish an account at another bank that I have previous student loans with but never a checking account.

My question is this: Can my joint bank account be garnished for the full amount of the deposit even though it is the sole support for a family of four? I am the only person liable for the debt as this credit card was mine prior to our marriage. How will I be notified of the garnishment? Is there anything that I can do to protect my money such as removing my name from the account?

[junker]

i dont have all the answers, but for sure stop using that bank acct, and get your name and ss number off of that acct, quickly, they can garnish a bk acct in about 2 weeks, you might have to close that acct, and have husband open a new acct in his name only. absolutely stop the direct deposit, some prepaid visacards like walmart and netspend will let you direct deposit on to them, which would be a safer way to go, if your company requires direct deposit.one thing you must know is that a collection agency or jdb. does not care that you are the provider of a family of four. and that is your only income. check your states exemptions for head of household, that way you will have a idea of what your looking at as far as garnishment of wages, check the value of car exemption also, they can come after that also. if paid for and worh much more than exemption.

[MISSDEB1226]

the only way your bank account can be yanked is if they know where you bank...see what i mean?

heres what you do

step #1 go to the court and file a "request for timely payments"

you will get a court date

go to court, tell them how poor you are and destitue you are and that you right now can only pay $50.00 per month.

99.9% you will get this

if they want info from you work/bank/car/marriage? stuff like that

make them do an order of examination against you

then you must submit your life over to them.

until that happens try to take control over the disaster and just request timely payments to the judge.

you pay the court $50 bucks a month, seen it done on a $5,000.00 judgement
so you can do it!!

then no garnishment, hope i wasn't too late telling you this.

good luck

[SChinFChin]

I do the payroll where I am, and I got some guy under a salary garnishment. At some point, the creditor not only garnished his salary, but also took money from his bank account as well. You could imagine him starving that week.

First, as was suggested to you, close the joint account, and open one in your husbands name immediately, and transfer the cash, like yesterday.

Stop the direct deposit. This guy that I have under garnishment, on the safe side, cashes his paychecks at a local check cashing service, to avoid the banks altogether.

[BOR]

Be legally cautious in transferring assests out of your name to avoid a Judgment. It could be considered a "fraudulent conveyance"!!

[brokeandscared]

Thank you so much for your advice. I contacted the court and was told that I was not notified of the court date or the garnishment and was told to request a new hearing. I did that, but have yet to hear from the judge. That was 2 weeks ago (courts close here for Mardi Gras). Since then, I went to the consumer counseling service and asked for their help but was told they couldn't help me and my best option was bankruptcy. However, I don't have the money to pay the attorney fee. Especially, if my paycheck is garnished from the bank account.

I have tried to do some research on the internet about joint accounts and the information I am finding is unclear. Some say a joint account cannot be garnished because Alabama is not a community property state and some say it can't. Does anyone have information specifically about ALABAMA or know a reputabile source where I could find the information for myself?

At this time, I have stopped the direct deposit of my paycheck, however one more payment must be deposited because the payroll clerk didn't process my request quickly enough. I am leary of closing the account and opening another because of the legal implications. I also don't want to remove my name from the account for the same reasons.

Pray for me. I need it.

[houseofsmiles]

I can tell you this, in California, they can garnish a joint account. When it happened to me, I had a joint bank account with my boyfriend and he was the primary on the account. We were not even married and they STILL allowed the levy. We had no prior notice, just one day, while trying to buy groceries, I got declined.

I went to court, the collection agency did not even show up. I explained to the judge that this was all the money that I had (I couldnt even buy toilet paper!), he basically said "too bad". He did not even care one bit. It sucked.

The best part....the collection agency is STILL coming after me (9 years later) even though they were already paid directly out of my bank account. That is an entirely different story.

Close your account and cash your checks elsewhere. That is the best that I can offer, but I will pray for you and wish you luck at the same time, because I know how stressful times are and this doesnt help.

[JETX]

Can my joint bank account be garnished for the full amount of the deposit even though it is the sole support for a family of four?

WOW!! I can't believe all the incorrect 'advice' and information provided on this website. Clearly, NO ONE has any legal education or experience.

So, with that.... let's try to get you some real answers.

1) Yes, that joint account can be seized. As long as YOUR name is on it, the judgment creditor can seize it. You need to close that account and get another one in his name or at least without YOUR name on it.
Now, if it is garnished, you could file a motion to exempt the funds specifically provided by your husband but it would be up to the court to grant or deny the motion. The process is detailed on the letter you would receive IF the account was garnished.

2) The 'advice' to go to the court and "request for timely payments" is 110% NOT CORRECT. There is no such thing in Alabama.

How will I be notified of the garnishment?

You would be notified in writing AFTER the funds have been seized. The notice would include the process for filing an exemption with the court.

[BOR]

WOW!! I can't believe all the incorrect 'advice' and information provided on this website. Clearly, NO ONE has any legal education or experience.

If I may ask, what are your qualifications? Are you an Attorney?

[junker]

1. Alabama Wage Garnishment

Prior to April 12, 1988

1. 20% of weekly disposable earnings; or

2. Amount by which the debtor's disposable earnings exceeds fifty (50) times the minimum wage.

After April 12, 1988:

1. 25% of weekly disposable earnings; or

2. Amount by which the debtor's disposable earnings exceeds thirty (30) times the minimum wage