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  1. #1
    Join Date
    Jan 2020
    Posts
    2

    Default Civil Judgement Granted Almost 10yrs Back No Payment Ever Received, Name Changed

    My question involves collection proceedings in the State of: Michigan

    A default Judgement for a credit card was granted back in july 2010. To this day, they have never been able to collect any payment of any kind on it, as I have had no income of my own since before this date.
    A few years after this original judgement, I got married which changed my last name.

    Since being married, we file jointly and I believe this plaintiff has tried almost each time to garnish our state tax refund, and each time we have to fill out the form from state that verify the income is my husbands alone.
    My husbands bank account has always been in his name alone and has preferred me to be the one to pay most of the bills, so for a few years now I have had my own checking and savings account for this purpose.

    I will also note for added info, that I do have current credit cards, some dating back 5 years and personal loans which the majority of my credit has a zero balance and none ever in default in anyway.

    I was notified in mail of an EX PARTE MOTION AND ORDER TO RENEW CIVIL JUDGMENT that was granted a couple days back, still having my previous last name before I married.
    While I know they cannot put any lien on my husbands bank, My question is, since my last name changed, if they were to identify my bank thru whatever means they do, could they put any lien on my bank account, receive funds from my bank account using the incorrect last name presuming what ever other information that has to be provided was correct?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,474

    Default Re: Civil Judgement Granted Almost 10yrs Back No Payment Ever Received, Name Changed

    Quote Quoting lcrrg
    View Post
    My question is, since my last name changed, if they were to identify my bank thru whatever means they do, could they put any lien on my bank account, receive funds from my bank account using the incorrect last name presuming what ever other information that has to be provided was correct?
    You should be asking your bank what the procedure is when it gets a bank levy with the wrong last name but the right social security number.

    Also consider that by the time they've identified your bank account, they've likely identified your current name. After all, the notice from the court did find you at your current address despite the name change.

  3. #3

    Default Re: Civil Judgement Granted Almost 10yrs Back No Payment Ever Received, Name Changed

    A name change -- particularly one resulting from marriage -- is not going to prevent a creditor from pursuing judgment rights against a person.
    Yes, the judgment creditor would have to be able to show satisfactorily that 'Jane Jones' (you, now) is the same person as 'Jane Smith' (your old name) to be able to access Jane Jones' bank account to satisfy a judgment against Jane Smith. But this would not be difficult for a creditor to do.

  4. #4
    Join Date
    Oct 2006
    Posts
    15,931

    Default Re: Civil Judgement Granted Almost 10yrs Back No Payment Ever Received, Name Changed

    Quote Quoting lcrrg
    View Post
    My question involves collection proceedings in the State of: Michigan

    A default Judgement for a credit card was granted back in july 2010. To this day, they have never been able to collect any payment of any kind on it, as I have had no income of my own since before this date.
    A few years after this original judgement, I got married which changed my last name.

    Since being married, we file jointly and I believe this plaintiff has tried almost each time to garnish our state tax refund, and each time we have to fill out the form from state that verify the income is my husbands alone.
    My husbands bank account has always been in his name alone and has preferred me to be the one to pay most of the bills, so for a few years now I have had my own checking and savings account for this purpose.

    I will also note for added info, that I do have current credit cards, some dating back 5 years and personal loans which the majority of my credit has a zero balance and none ever in default in anyway.

    I was notified in mail of an EX PARTE MOTION AND ORDER TO RENEW CIVIL JUDGMENT that was granted a couple days back, still having my previous last name before I married.
    While I know they cannot put any lien on my husbands bank, My question is, since my last name changed, if they were to identify my bank thru whatever means they do, could they put any lien on my bank account, receive funds from my bank account using the incorrect last name presuming what ever other information that has to be provided was correct?
    Yes, they can do so, so its really a mistake to have the bills run through your checking account instead of his. Your account shouldn't have more in it than necessary for daily use.

  5. #5
    Join Date
    Jan 2020
    Posts
    2

    Default Re: Civil Judgement Granted Almost 10yrs Back No Payment Ever Received, Name Changed

    ty for your response back

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