My wife was given an afidavit for garnishment on a joint bank account that she has not contributed income to, what do i do?

Asked 6 months ago - Mentor, OH

We settled with this company who took payments automatically. They didn't pull a payment in december then filed for garnishment on other than income for our joint bank account. My wife does not work, It is a joint account but for 6 years I have evidence that every dollar going into the account came from my work. The lawsuit is only in my wife's name not in mine. What do I do?

Attorney answers (3)

  1. Peter Stephen Kirner

    Contributor Level 16

    Answered . I would argue the funds are marital in nature, if her name is on the account. The court MAY agree, or disagree if you have the hearing. Good luck. On the other side of the coin, and simply on a human level, your wife does owe the money on the underlying action. Why not just pay the same and be done.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more
  2. Christine B. Adams

    Pro

    Contributor Level 20

    Answered . The request is directed to your bank accounts, you will get a notice advising you of the garnishment, but your account will be frozen by the bank, and the funds sent to the court. The notice will tell you that you have the right to ask for a hearing to disagree with taking your funds.
    If you do not ask for a hearing within the time indicated on your notice, your funds will be released to the creditor. You should take all your money out as soon as possible and open an account in your own name if you can and go to court as soon as possible, you should probably call an attorney in your area to help you.

  3. Brett D Weiss

    Pro

    Contributor Level 18

    Answered . I agree. Fixing this issue without an attorney can be difficult. The problem is that it is a joint account, and your wife has as much right to the money in this account as you do.

    The legal analysis of any situation depends on a variety of factors which cannot be properly represented or... more

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