Responding to a Garnishment Order, Frozen Bank Accounts

[townsend_chery]

Okay, so here's the situation...My fiance has an outstanding debt to a collection agency in the amount of 22,000. Two days ago I signed for a letter at the post office which was a Summons and Order of Garnishment in Aid of Execution. It was dated the 21st but I did not sign for it until the 30th. Q: Since it says to respond by 10 days, does it matter that I did not get it until it was too late, especially being that it is a weekend, and New Year's no less? Another thing is that all of our bank accts are saying zero balance as of yesterday, even on our joint acct. This debt has nothing to me. I realize that since his name is on the acct, they can attach this acct, but is there any way I can get my money unfrozen since it is directly deposited. I got paid on the 30th and paid all of MY bills. Are those checks going to bouce if they are presented for payment after the account was frozen? One more question: If his creditor is going to garnish his wages anyway, why did they freeze our accounts and how long is my money unavailable to me? Sorry this is so long, but I just don't know what we are supposed to do.

[Mr. Knowitall]

Q: Since it says to respond by 10 days, does it matter that I did not get it until it was too late, especially being that it is a weekend, and New Year's no less?

I can't read the notice from here, so I don't know. But from what you've said, apparently not... they seem to already be executing against your bank accounts.

I realize that since his name is on the acct, they can attach this acct, but is there any way I can get my money unfrozen since it is directly deposited.

There is a difference between having your account frozen and having a $0 balance. The former means the money is in the account, but the account is frozen. The latter means that the money has been taken out of the account.

I got paid on the 30th and paid all of MY bills. Are those checks going to bouce if they are presented for payment after the account was frozen?

If the account is frozen, then the checks won't be honored. You need to petition the court to unfreeze your account.

One more question: If his creditor is going to garnish his wages anyway, why did they freeze our accounts and how long is my money unavailable to me?

They are going after liquid assets such as bank accounts to satisfy the debt. As you might expect, they prefer cash in hand to a promise of future payment.

If the money has been taken to satisfy the debt, you would have to convince a court to order its return. If your account is frozen, it will presumably remain frozen until the legal proceedings are completed or until you get relief from the court.

[townsend_chery]

If I set up another account without his name on it, will he be able to deposit his check in my account or would that get taken? Do creditors take all money from his wages? I thought they could only take up to a certain percentage.

[aaron]

If you set up an account under your name alone, and let him deposit his check in it, the creditor will probably be able to get permission from the court to take any money that is in the account. If you set up an account under your name alone, use it as a respository for your own paychecks, and pay your bills from that account - but without commingling his money - the account will probably be left alone.