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Can alimony money in my bank account be subject to a bank garnishment from mortgage & HELOC loan creditors?

West Palm Beach, FL |

In my divorce I was awarded permanent periodic alimony (23 year marriage, stay-at-home-Mom, no college education/work skills, age 56 ). In MSA my 'ex' chose to keep the house that had a 1st mortgage and 2 HELOC loans associated with it (making it totally under water in it's value-to-debt-ratio) and my name was on all of the loans. He was ordered to refinance the loans solely in his name, but he never bothered to. I have taken him back to court and was awarded a judgment for my Motion to Enforce & Motion for Contempt (he ignored both motions). I have a Motion for Commitment currently pending on a Hearing date. He has already stopped making payments on all of the loans associated with that house (4/2013). He also stopped making alimony payments. Can creditors garnish my bank account?

Attorney Answers 3


  1. Yes, once they sue and get a judgment against you.

    Bankruptcy may be a good option for you. Most consumer bankruptcy attorneys offer a free initial consultation.

    The legal analysis of any situation depends on a variety of factors which cannot be properly represented or accounted for in a response to an on-line question. Any answer, discussion or information is intended as general information only, is not intended to serve as legal advice or as a substitute for legal counsel, and should not be relied upon in making any decision. If you have a question about a specific factual situation, you should contact an attorney directly.


  2. If you signed the Promissory Note then you may still be liable for the debt. If you only signed the Mortgage and not the Promissory Note than you should not be liable for the debt. The Note & Mortgage are 2 separate things. The Promissory Note is the promise to repay the debt. The Mortgage grants the lender a lien on your property. It is very common to have a person sign the mortgage and Not sign the Note

    This response is not intended to provide legal advice, nor is it intended to be a solicitation for legal advice. NO reader should consider the information contained herein to be an invitation for creation of an attorney-client relationship, and you should not rely on information provided. The information provided is for general information purposes only, this response should NOT be taken as legal advice for any individual case or situation. If you have a legal question, you should seek the advice of a licensed attorney in your state.


  3. If they get a judgment against you, they can garnish the bank account.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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