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  1. #1
    lilalee Guest

    Angry Bank Account Garnishment When Debtor's Paychecks Are Placed In Spouse's Account

    Capital one sold my $890 debt to a lawyer who has won a judgement against me in a court of law. I also have a judgement against me from a broken lease with an apartment complex for under $5000. I had previously tried to make arrangements with both parties to no avail. I do NOT have a bank account anymore. Only my husband has a bank account, but my name is NOT on it. My name is not on ANY bank accounts anymore. The state I live in does NOT allow wage garnishment for civil matters.

    Question:

    Can my husband's bank account be garnished or frozen if my name is NOT on the account and the judgements do not involve him. In fact, all are against me and use my maiden name (Not that the maiden name makes a difference.).

  2. #2
    Join Date
    Jul 2006
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    Default Re: Bank account Garnishment question

    The state I live in does NOT allow wage garnishment for civil matters.

    You sure about that?

  3. #3
    lilalee Guest

    Default Re: Bank account Garnishment question

    Yes, I am sure. It's South Carolina.

  4. #4
    Join Date
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    Default Re: Bank account Garnishment question

    The creditor can only go after assets that are in your name.

  5. #5
    lilalee Guest

    Default Re: Bank account Garnishment question

    Back to your first question: here's the information on South Carolina law:

    Wage attachment is prohibited in South Carolina. SCCLA 37 -5-104.

    From: http://www.fair-debt-collection.com/...hments.html#41

  6. #6
    Join Date
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    Default Re: Bank account Garnishment question

    Quote Quoting lilalee
    View Post
    Back to your first question: here's the information on South Carolina law:

    Wage attachment is prohibited in South Carolina. SCCLA 37 -5-104.

    From: http://www.fair-debt-collection.com/...hments.html#41
    Thanks....

  7. #7
    lilalee Guest

    Default Re: Bank account Garnishment question

    you are welcome.

    If checks from my job are directly deposited into his bank account, and again the bank account is in his name, will they be able to attach to the bank account because my wages are in there as well, or does my name have to be on that account for them to do that?

  8. #8
    Join Date
    Jul 2006
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    5,437

    Default Re: Bank account Garnishment question

    Q: If checks from my job are directly deposited into his bank account, and again the bank account is in his name, will they be able to attach to the bank account because my wages are in there as well, or does my name have to be on that account for them to do that?

    A: When your check goes into his account, then that is his money and the creditor will take it because it is no longer in your name but his.

  9. #9
    lilalee Guest

    Default Re: Bank account Garnishment question

    I don't understand how that can happen. If my job only does direct deposit, and it's in his account, and the bank account doesn't have my name on the account whatsoever......then how can they take his money?

    You had said that they can't touch his account because the judgement is against me and my name is NOT on his account..then how can this change it?

  10. #10
    lilalee Guest

    Default Bank Account Garnishment. I need SERIOUS advice.

    First of all--I live in SC. Wage garnishments are prohibited there. I already posted this in an earlier thread. My husband wanted me to clarify my statement and possibly get a thorough response.

    I have 2 judgements against me. 1 is for a broken lease and the other is for a 900 dollar bill with a major creditor who has passed it along to a lawyer. I made attempts to avoid court with both debts, but in both cases, the payment arrangements I could make were not good enough. In short, I could not find a decent job in my state for six+ months, and my husband could not find any work. I was forced to take an $8 dollar an hour job and support us both.

    I now have a slightly better job within my career field. However, money is still tight. My husband is still unable to find work. I can't afford to go bankruptcy. After my bills are paid, I have about $300 a month left over. With my husband and I not having credit cards and unable to get approved for a loan, I try to save as much as I can with each pay check. My car has 100 k miles on it, and needs repairs from time to time. We don't have family to turn who can help us.

    With the judgements, I have tried to work out payment arrangements with both parties. These payments would take away the extra money that I have left over every month, but would not cut away from our necessary expenses: rent, electric and utility bill, gas expenses, food, car insurance, phone/cable/internet. Paying $150 to each was not satisfactory and was rejected.

    Because the one creditor was so threatening from the onset, even prior to court, I no longer have a bank account. The person knows that my state does not allow wage garnishments. (SC prohibits wage garnishment except in cases of child support and taxes.)
    So, of course, my bank account was threatened. I don't own a home. I rent. I don't have any assets that can be seized. as my car is my only car, and I don't make payments on it. It's paid off.

    In short, I no longer have a bank account. My husband does. He is NOT named in either judgement, as both cases occured prior to meeting him and marrying him. My name is not on his bank account AT All. It's NOT a joint account. The only problem is, he's not working, and my job does MANDATORY direct deposit. Luckily we were able to have my check put into his account, but it still leaves me wide open for garnishment.

    Is there any way I can prevent having all my money frozen and taken away?

    Are they going to be able to figure out where I work, contact my job, ask where my money is going, and then go to court, state that they know my pay is going into my husband's account, prove their case about my pay being direct deposited into his account, get a court order to garnish his bank account? Is that possible?

    If it is, what can you suggest?

    Is the only option to withdraw my pay checks each day after the direct deposit and pay our bills with money orders? And if that's the only option, can't they attach to the account and wait for a deposit to come in? (That's my husband's fear.)

    Please help.

    Serious responses only, and NO rude replies.

    I didn't do this to try to screw anyone.

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