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Divorce Judgment & Garnishment Question

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  • 05-24-2005, 11:07 PM
    ugottafriend4life
    Divorce Judgment & Garnishment Question
    I am headed to court next month, in which I doubt my husband will bother to show up. I know that it will be a default judgment, but I don't know how I will be able to make him pay. I don't know his place of employment, but he does have a checking account (joint account with his girlfriend, actually). If I try to garnish their checking account, won't he be able to close it in order to prevent the garnishment? Just wondering if anyone had any advice on this. Thanks very much.
  • 05-25-2005, 12:43 AM
    aaron
    Collecting a Judgment
    If you receive a judgment against your husband and he does not pay, you can typically get a court to order a "creditor's exam" (the local name may be different) where he would have to appear and give testimony about his assets and their location. Failure to appear typically results in the issuance of a bench warrant. You can ask the court if they follow this type of procedure for Mississippi divorce judgments.
  • 05-27-2005, 12:09 AM
    ugottafriend4life
    The divorce hearing is being held in Alabama, but the laws are similar to that in Mississippi if I'm not mistaken. I will talk to my Attorney or the judge if possible and see what my options are, because I am 100% positive that he will not pay the judgment unless the court withholds the money from his source of income somehow.

    If a writ of garnishment is issued to a bank account, I'm assuming the bank account can be closed by the Debtor to stop the garnishment. Do you know if that is the case? Sorry if that's a dumb question, I'll still a newbie at this kind of thing. Thanks!
  • 05-27-2005, 11:09 AM
    aaron
    Garnishment of Bank
    If the garnishment is served upon the bank, it is likely that by the time you know that the account has been garnished the money will either be gone or frozen.
  • 05-28-2005, 11:07 PM
    ugottafriend4life
    I spoke with my Attorney also, and he said the same thing. Hopefully my situation will be settled one way or another.

    Thanks for the information, great site you have here.

    Kelli
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