Joint Bank Account Garnishment Help Needed

[disorganized]

My question involves judgment recovery in the State of: Georgia

Today I found out my joint account with my husband was garnished and the balance is now zero. I have been in an agreement with the lawyer for the credit card debt and have been sending $40 per month. I received the garnishment notice and was told by the lawyer that I wouldn't be garnished since we had the agreement. Well, I am gullible and it was.

Anyway, it is a joint checking account with my husband. We have just signed a lease for a house in Pennsylvania, but my husband is still in Georgia finishing out work. The check we wrote for security deposit on the house in Pennsylvania was written on the 8th but it didn't clear yet and my account is now at zero. The Judgement was on me, NOT my husband. Is there anything we can do now to fix this? I am in another state with no money and he is working in Georgia.

[usedbranflakes]

Your attorney or their attorney??

Unfortunately I have seen this happen to a few folks that hold joint accounts and I have even see the agency attempt to levy a friend or family member who sends a check in on behalf of the debtor.

In some cases the debtors (that's you) have been paying as agreed and the agency sends paperwork to the courts and to the bank and through the courts to garnish the money anyway. A money order may be a dollar and take 15 minutes to get but it's peace of mind if you forget to make a payment. Never ever give your bank account information to a collection agency or collection attorney; the only exception to this is if you are in a discovery hearing through the courts or arbitration (arbitraiton is a JOKE).

In regards to your account...
Generally the money is frozen and you have 10 days or 15 days to respond to the court before it "officially" goes to the collection agency. The bank sends it to the clerk of the court in most states. You need to contact the courts and find out when that paperwork went to the bank and what paperwork, allegedly, was delivered to you. You have the right to appear in court, along with your husband, and contest the garnishment. Dependent upon the income and the separation status your husband may be able to keep the money.

Never trust any attorney that isn't yours and keep an eye on your attorney. Occasionally they bite the hand the feeds them but I suspect that this was the agency's attorney. Don't ever believe a word a collection agent says; always get it in writing!

[mudpie]

Money in a joint account is commingled and undivided. Meaning, what is yours is his and what is his is yours. Justice is blind. If you have an account, then it can be garnished.

Next time, if a collection agency or attorney is chasing you either get a separate account with a very low balance or close all accounts with your name on it.