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Judgement Against Wife, Levy On My Business Account

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  • 05-28-2008, 01:25 AM
    tstation
    Judgement Against Wife, Levy On My Business Account
    My question involves judgment recovery in the State of: Tennessee

    my wife recieved a judgement from our homeowners association, do to my job and some tax problems ten years ago I was never on the mortgage or loan, during the trial (yes we took it to trial) I was removed or as the plaintiffs attorney said non sued. and was not allowed to stand with my wife. today the attorney and association removed 1500 dollars from my buisness operational account. in MY name my wife is not a signer. I was not sued, my name is not on the judgement. my operational account has had several things returned. and I am very embarrased. what options do I have, what liability do they have for attaching a non parties business account.
    thanks
  • 05-29-2008, 07:00 AM
    Mr. Knowitall
    Re: Judgement Against Wife, Levy On My Business Account
    Petition the court that authorized the garnishment for the return of your funds. If you suffered an economic loss due to the garnishment, ask the court to order you reimbursed for that loss (I won't promise that it will happen, though). Note that if the garnishment was authorized because the court believes you're hiding your wife's money in your business account, you may have to address that issue in court.
  • 05-31-2008, 12:05 AM
    tstation
    Re: Judgement Against Wife, Levy On My Business Account
    Thank you for the advise, I am going to hire an attorney I did not go into detail, but since you took the time to respond I would like to know if you have the same opinion with the whole story.
    First the original case:

    My homeowners associations sued me for $1668 two years of delinquent payments and attorneys fees. I informed Mr S that I would not be paying until the money I expended to maintain the vacant lots on either side of me, was reimbursed. Mr. S was association president and developer from 1997 to 2003. The lots were not well-maintained from 1998 to 2001 on one side and 1998 to 2002. They sent a crew to cut once a summer. I paid to have it cut, leaf removal and two fallen huge trees cut and removed (picture attached).totaling some $2,700. We had field mice because of this.

    I went to court 5 times twice to either except or set a court date. When a court date was set. Mr. B who was lawyer for association spoke to me and asked what grounds I was fighting. I told him, like an idiot, the date was postponed again. When we finally got to court 5 minutes before the case was called, I was told he was non-suing me, because I am not on mortgage or deed. Only my wife could participate. I told him during our previous conversation my wife didn’t want to come to court, she was only there because I had a feeling he would try this. I was only allowed to participate as a witness, and allowed reluctantly.
    The judge ruled in the association’s favor because Mr. B argued that the developer and the association president are two separate entities. I was not allowed to even argue there was a verbal agreement between Mr S and myself, which would have at the very least shown the court of the games on both sides of the fence Mr S was playing. The judge said we had an excellent case and enough proof to sue Mr. Stevenhagen personally for the $2,753.00 spent maintaining his property for 4 years. This in my opinion was crap I am not paying you if you are not doing anything.

    The action:

    I told them it was wrong to exclude me from my day in court and not allow me to participate in my family’s defense. Mr. B informed me that it was the law. On May 23, 2008, the association levied my business account. They NEVER mentioned my wife in the writ of execution. If I can’t have my day in court, then they can’t have a judgment against me. And they sure can’t levy my account. I am not a lawyer but I would think that’s against the law and the constitution. I was there and I was denied my day in court, NON-SUED by MR B in open court. It was not my job to make sure he and the court filed the paperwork to disqualify me. This, in my opinion, is negligence. There is no legal basis to either render a judgment or attach my account.

    The damages:

    I use this account as a operational account for taxes, I move money from cooperate to this account to pay for autos and repairs. Because I have an IRS issue I only operate with enough to cover what is outstanding with a little cushion. So 1800 dollars could have a major effect, as it did.

    • I wrote 1 check to the auction that bounced. That was for a 1999 Discovery I purchased for $1,955 and had sold for $5,300. I am a broker all my cars are sold before purchase. That deal obviously fell apart. I also have a bounced check fee for this transaction.
    This was a loss of $3,345.00
    • I gave a check for repairs to my mechanic. He attempted to redeem it at the counter. It was denied he charged me $50 fee.
    • I wrote a check to a wholesaler for a car. He attempted to redeem it at the counter and was denied. No fees but he will not work with me again.


    Other damages (punitive)

    • The auction has indefinitely suspended my check writing privileges. Because of bounced check.
    • I was in the process of getting a floor plan that has been denied because of the judgment and the check returned.

    These two are the most serious side effects. It means as a new business I can only operate with cash. And have no line of credit whatsoever.

    Example you want a car. You are going to finance with your bank for 25 thousand dollars. We buy it I must have that money in cash before it can be released. Your bank will not give me the loan check without title and car. If title is not yet turned in the auction hold my cashiers check until it is. You cant get your car I wouldn’t be able to get the money to complete the deal and on. THIS IS SERIOUS.
    With the floor plan I could get your car and when I get paid from your bank I can payoff floor plan. At a cost of 15 dollars a day. If selling dealer does not have a title, my time does not start until he turned it in. I could do multiple deals. And grow quickly. I have been doing business for 13 years without a single problem, no bounced checks ETC… but My Business is a new entity and has been crippled by this. Decisions on floor plans are not made locally but in corporate. I will of course appeal this decision, and with the good will built up over the years, and the local auctions backing me possibly get this reversed. BUT I SHOULDN’T HAVE TOO.

    At the same bank there is a joint account with more than enough money to levy, they never did any diligence. They never went after the correct party.

    As for the other two checks it is very embarrassing. and not doing business with the wholesaler may cost me 10 to 20 k per year in profit. The auction however will cost me at least triple that.

    Does this change anything? I was never hiding assets, I just say if you want it get it from her on your own.
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