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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

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?

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

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Attorney answers 3

Best Answer
Posted

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!

Asker

Posted

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.

Posted

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.

Asker

Posted

I am calling the credit card company tomorrow and hoping to get them to back away so that I can pay them a monthly sum or even a larger lump sum (not 8000) I hope that they are receptable. I also have read of filing an exemption and/or with a lawyer. Also I could file bankruptcy for just me. This is our only debt. and it is only mine.. It is just in my name.

Posted

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.

Asker

Posted

5000 of it was given to us now.. 40000 when the child is 18. 3000 of it was for our mortage and groceries.

Asker

Posted

we can prove that the exact money was put in was from our lawyer for our children. We have several copies to that effect.

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