I am a stay at home mom that had a 2000 dollar debt that was not paid and has since turned into 8000. now bank levy

Asked over 3 years ago - Indianapolis, IN

I have a joint bank account that was frozen this Friday. 5000 of what was in the bank was from a settlement for my son who was mauled by a neighbors bull mastiff. IT is not my money it is my childs. The remaining is my husbands' from his job. We were two months behind in our mortgage and waiting for his double payment from his work to catch up. We have no food in the house and our water has already been turned off. We will lose our house if we are not able to get most of this monies back. What do we do? Should we call the creditors or go straight to a lawyer?

Additional information

5000 of it was from the lawyer for my child. He also gets 40000 when he turns 18. 3000 of it was from my husbands job to pay mortgage and groceries.
1200 was in the bank
1800 was depositied at midnight on thursday- direct deposit, husbands work
5000 was depositied around 1 pm on Thursday - Money from the lawyer, from insurance from dog maul.
8000 was 'frozen' at around noon on Friday

Attorney answers (3)

  1. Dorothy G Bunce


    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . Money from your child's injury settlement should never have been placed into your personal account, it should have been required to be held in a trust account for your child. And, you shouldn't have been allowed to use this money to pay for your rent & groceries.

    Your story that this is your child's money sort of contradicts your claim that you were going to use it to support the family, which is not your child's responsibility, is it?

    I would get my story straightened out before meeting with a lawyer. Hope this perspective helps!

  2. Jeffrey M. Freedman

    Contributor Level 8

    Answered . I suggest you retain an attorney immediately.
    The law assumes that funds in an account are jointly owned by the people whose names are on the account.
    But the presumption may be rebuttable.
    If you can prove that the funds are owned by your child and your husband and not you, its possible to have the account released.
    It will not be easy and you will probably have an uphill battle.
    Get an appointment with an attorney immediately.

  3. Mitchell Paul Goldstein

    Contributor Level 20

    Answered . You need an exemption hearing. An attorney can help, but that may not be necessary. You need to prove that the money in the account is not yours. Make sure that the judgment was only against you, because if it was joint, then all joint money was properly garnished.

    An attorney can help you do this correctly and get a quicker hearing. If you contact the creditor and prove the source of the money, do not ignore the garnishment hearing unless you receive a written document from the court that the garnishment was terminated.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice.... more

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