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!
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.
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. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.