Skip to main content

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

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?

+ Read More

Filed under: Wage garnishment
Attorney answers 3

Posted

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.

Asker

Posted

Thank you for your response. I'm going to call the creditor tomorrow to figure out why they didn't pull the payment in December and maybe work out finalizing the payments as well as respond to the court to get the hearing. There is a notice to my wife that she is not to pull money out of the account or face contempt charges, but seeing as it is my money, with all traceable evidence pointing to the fact that my income is the primary contribution to the account, and that my wife has not put any money into the account in 6 years, I am permitted to pull my money out correct? My wife will not face contempt charges if i grab it before the levy, am I assessing this correctly?

Christine B. Adams

Christine B. Adams

Posted

If it is your money, I think you will be okay, read the garnishment to make sure.

Posted

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 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.

Posted

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 regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

Asker

Posted

Hi Peter, Thanks for the response, and I agree that from a human level paying the funds would eliminate the concerns, in my original post I discussed that we settled with the company, and this is what we were attempting to do and we were on a payment plan, they did not pull the payment in December at which point they filed for the garnishment. I cannot get an explanation as to why the electronic funds were not pulled, and my communication with the company after realizing that the funds did not pull in Jan was that they cannot negotiate or take any payments until the garnishment in resolved and again gave me no details saying I’ll be contacted by the court. My concerns bubbled from the affidavit because I thought they were talking about wage garnishment, since my wife doesn’t work I knew they couldn’t do this and waited to see what they were attempting. Essentially the company put my wife on an electronic payment plan out of my account, which we honored until they stopped the payments, they then had the bank account info and attempted to garnish it instead of waiting out the payments.

Peter Stephen Kirner

Peter Stephen Kirner

Posted

Well…not sure if you were dealing with an attorney or not, but they may have lied to you. If that be the case, they will get the money they get and you can close that account and open a new account in your name only. The should not be able to garnish that one (I would open it at another bank) Also, I NEVER think direct pull payments are a good idea. It requires trust, and I never trust anyone with my money. Good luck.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer