Hello, I started researching me & my wife's credit in December. On wife's credit report is a judgment that we were never served for. I plan on filing to have it vacated on those grounds but haven't had the money to see an attorney or paralegal. The judgement was entered last March. This week I get a bunch of papers from an attorney for the plaintiff (an auto repair company, claiming debt is 8,000) and they want to know my wife's bank info and job info, etc. Sounds like they are trying to freeze our assets, garnish wages, etc. My wife is on unemployment and we have a joint checking account. I'm not worried about wage garnishment, but can they freeze our joint checking account? What steps would they have to take first? We live in NY if that is any help. I was planning on contacting an attorney over this but I don't have the money right now and the paper said respond in 7 days. Thanks Luke
Yes, all I know is that you should get a new checking account. My friends boyfriend defaulted on a truck and the loan was from her credit union . Her paycheck was auto deposit and they auto take out for it now. I have told her to also get a lawyer, but the money is an issue. A little different story, but they still have access to a joint account.
I would advise the seperate account also. My friend's boyfriend was taken for several thousand dollars when her name was on his account (they weren't even married, and she wasn't working) This was an OLD child support issue, so it isn't exactly the same, but just wanted to let you know her experience with a joint account. katcar
Thanks for your advice. What about our house? Her name is NOT on the mortgage, but it was bought after we got married and she lives here. What about a tax refund? We haven't filed our taxes yet, will be doing it shortly. Should we file separatly this year? I've been trying to talk to a lawyer but I can't get one on a Saturday. Thanks for your advice! Luke
The house is safe if her name is not on the deed, as are all other assets. New York is NOT a Community Property State, and you are thinking Community property rules. No creditor can get your refund except tjhose authorized by Congress, and this one is not one of those.
Wow. You are all really helping...thanks again. I looked at the paperwork again. The official name is Information Supeona and Restraining Order. Although the legalese is confusing, it appears to be a restraining order on the sale or transfer of her assets. She has no assets, no house, no car, no job. However, I do have a house, car, job, etc. The information subpeona specifically asks if my wife is married, if her spouse is employed, where I'm employed, etc... If they can't take my assets in New York, why are all those questions on the subpeona? I feel uncomfortable revealing all my information to these people. Can my wife leave those questions blank when returning the supeona? Thanks again for the help! Luke
They ask because the more info the better. A lot of people answer every question without realizing they might not have to. In California marital property belongs to both no matter who's name it's in. You should try to get legal advice if you can. A trick to get some free legal is talk to a BK lawyer that gives free consultations.
If they have a judgment they can freeze any assets your wife has. That includes the joint checking account, up to the full amount of the judgment. All they have to do is serve the bank with an order they can prepare themselves without any additional court intervention. And, BTW, if you have been served with an order requiring you to reveal assets and prohibiting you from shifting assets, you are risking civil contempt if you do not answer or if you shift assets. So I would not do anything like moving the checking account money into a new account (note, that doesn't mean that you shouldn't get anoither account -- you should -- you just should not transfer the money from the joint one) without legal advice. They can also file a lien on your house, even if it is not in her name. You may or may not be able to get the lien removed (it depends on how much equity there is, whether there's a prenup, how long you've been married, etc. etc.) Bottom line is -- once they've got a judgment NY law gives them broad power to require your wife to disclose information and to seize her assets up to the value of the judgment. If you have grounds for vacating the judgment you need to do so as soon as possible.
Yikes! Squawk you've given me some more to think about. We don't have much equity in our house, we've only been here a couple of years. According to my credit reports, the remaining balance on my mortgage is only $3,000 less than the original loan amount. We've been married 8 years, no pre nups. Can you tell me any more about getting a possible lien removed with that info? Should my wife file bk? Would that stop a lien from going on the house? I was able to finally make an appoint with a bk lawyer for this upcoming week, so I'll be getting professional advice. I'd just like cnet's opinions also, i'm afraid the bk lawyer will push bk no matter what. Thanks everyone Luke
Re: Re: Help! Can they freeze my assets? Well, it sounds like you bought the house after you were married, and with no prenup. Under those circumstances a good argument can be made that whatever equity ther is is jointly owned by both of you. It would be an agressive position, but it is a defensible position -- at least defensible enough for them to have the option to place a lien if they want to. A lien isn't going ot get them any money anytime soon, however, unless you are about to sell the house. So they may not do it, depending on whether they can get the money elsewhere. What more can you tell us about this debt? How does a car repair run to $8,000? What court is this in? What county are you in?
