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  1. #1
    Join Date
    Apr 2008
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    6

    Default Can They Seize Funds From Joint Account When A Judgment Is Only On One Person

    My question involves collection proceedings in the State of: Maryland
    I was surprised today when I found that a loan company has put a hold on the entire balance of our joint checking account. It is a joint account with my wife and I, and when I went into the bank, they claimed that the account was a tenants in the entirety account, however titled improperly.(or)not (and). Is that legal? How do I stop it, and get the little money we have left back? This particular case seems like someone at the loan company has taken this account personally. Too many motions, and posturing over a relatively small amount. (3 sep personal loans, 7K ttl) They (loan co.employees), have actually been to my home during the day, yelled at my wife, and said "they were going to garnish my wages". (I am and have always been self employed). Please help. Also, opinions on filing a BK in this situation???

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Can They Seize Funds From Joint Account When A Judgement Is Only On One Person

    The judgment is against you? Then you can't do anything to get the money back. The spouse who is not responsible for the debt can try to bring a motion before the court issuing the garnishment order, to try to convince the court that some or all of the money in the account was theirs and shouldn't be applied to the debt.

    Filing bankruptcy over what you describe as "a small amount", whatever is left of a $7,000 debt after garnishment? It doesn't sound like a good choice. The better choice, it seems, would be to pay off the debt.

  3. #3
    Join Date
    Apr 2008
    Posts
    6

    Default Re: Can They Seize Funds From Joint Account When A Judgement Is Only On One Person

    If there are other debts, that are mine, would a bankruptcy stop or reverse any garnishment / or freezing of the account? Also, would it then reverse or negate the negative balance of the hold on the account? (The freeze created a negative balance).? If there is not much that can be done, (regarding the account freeze), then how should a bank account be structured to protect joint assets?

  4. #4
    Join Date
    Apr 2008
    Posts
    6

    Default Re: Can They Seize Funds From Joint Account When A Judgement Is Only On One Person

    Also,
    The judgements are 3 different items. Can all 3 be lumped together like that, to freeze an account for 1 sum of money?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Can They Seize Funds From Joint Account When A Judgement Is Only On One Person

    If there's one judgment from three different debts, then there's one judgment.

    You should be able to get a free consultation with a bankruptcy lawyer.

  6. #6
    Join Date
    Apr 2008
    Posts
    6

    Default Re: Can They Seize Funds From Joint Account When A Judgment Is Only On One Person

    There were 3 different accounts, 3 judgements, lumped together against the joint account. As a sidenote, I found out that this collector, lied on their application for garnishment, they claimed that I moved from the original address that I lived at when the account was originated. However, they (employees of lender) have been to my home (new address) as well as sent others to my home (harrassment?) I do have proof. Does that hold any weight with the courts? (That the judgement holder lied to obtain an order?)

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