Wife's prior debt, and garnishment of my accounts?
Date: Wed, 06/22/2011 - 09:46
Yesterday my wife and I found out that Machol & Johannes put a garnishment on my checking and savings accounts. My wife was recently added to the accounts as a co-signer. They claim that she has a debt dating back to 2008 that she never paid.
They (Machol & Johannes) claim to have served her back in 2008. They have not notified her recently, nor have they notified me, that my accounts would be garnished. As of today, the bank has sent them (or someone) all the money in both accounts.
The person I spoke to at Machol & Johannes claim that if I can prove that she hasn't contributed to the account, they will return the funds. I've faxed them my bank account statements for the past 90 days (she has only been on the account for maybe 90 days), showing that the only credits are my paycheck, and my flex account reimbursements.
My question is, should I also (a) call the bank and dispute these withdraws, and (b) go to the county court and file some kind of appeal?
Thanks!
Oh, and to add, my wife and I are married less then a year (got
Oh, and to add, my wife and I are married less then a year (got married in 2010). So this is debt incurred solely by her.
Whoops, I posted this in the wrong forum. Can an admin move thi
Whoops, I posted this in the wrong forum. Can an admin move this to the "Collection Agencies" forum?
You wont be getting the money back. Once her name goes on your
You wont be getting the money back. Once her name goes on your accounts and funds are co mingled, they are fair game to be garnished. Only exempt funds (social security and unemployemnt) are exempt.
Just an FYI... After faxing 90 days worth of savings/checking a
Just an FYI...
After faxing 90 days worth of savings/checking account transactions; pay stubs; and a loan check made out to me, to Machol & Jahnnes proving that my wife made no monetary contributions to these accounts, they (Machol & Jahnnes) rescinded the garnishment, and the money was credited back to my accounts over the weekend.
I'm in the state of Colorado.