siuslawcarrie Posted April 18, 2008 Report Posted April 18, 2008 My husband has a judgement against him for a credit card. The collection agency put a lien on our house and have sent our old bank an order for an attachment. Husband doesn't have a job that can be garnished. We don't plan to sell our house for years. My questions:Is it possible they will find our current checking account? Can they just sent the attachment order to every bank in town until they find the right one? I noticed the attachment order doesn't have an account number, it has his ssn. The judgement is for $2200. I have $700. Would it be ridiculous to call them up or send a letter asking to release interest in the debt for $700? Am I correct that they can't touch my wages? Nothing was in my name. Thanks in advance!
Robert Nashville/Savannah Posted April 18, 2008 Report Posted April 18, 2008 I'm not familar with Oregon law but I find it highly unlikely that they can take wages from you.However, any account (like a savings, checking, etc) that has both your names attached to it is probably fair game and any accounts associated with your husband is not/will not be difficult to find for anyone who really wants to find them.I strongly believe being proactive is best in most situations and I'd be inclined to try and reach a settlement; whether they would take $700 to settle it is difficult to say...it all depends on how old the judgment is and how hungry the collector is.If you contact them, be careful about giving any information that would make his job easier and absolutely get any agreemetn IN WRITING - if you don't I can almost guarantee you they'll come after your husband for the balance down the road.
siuslawcarrie Posted April 21, 2008 Author Report Posted April 21, 2008 Thanks RobertI called my bank and according to them, the ca will have to subpoena the bank to get my account information for an attachment. I hope I would be notified in time to close my account.
flacorps Posted April 21, 2008 Report Posted April 21, 2008 Watch out for "trojan checks" (any check for a reasonably small amount from an indecipherable source sent to you for an inscrutable purpose [usually a rebate or refund for something you don't remember]). Don't deposit such checks.In a reasonably small town, the creditor can send levies to banks one at a time until he gets a "hit" ... I recommend banking with a small, recently opened bank in the next county if possible (you can find 'em on fdic.gov's lookup service) ... and doing it without leaving any breadcrumbs from your old bank to your new (in other words, don't write a check to open your new account).
flacorps Posted April 21, 2008 Report Posted April 21, 2008 Thanks RobertI called my bank and according to them, the ca will have to subpoena the bank to get my account information for an attachment. I hope I would be notified in time to close my account.No subpoena needed, and you won't be notified. It will work just like the other bank, except the creditor will get the money.
gator944 Posted April 21, 2008 Report Posted April 21, 2008 Hopefully flacorps will expand on this, but if all of your deposits are from your income since your husband isn't working and none are from him, your accounts should be safe. Not to say you won't wake up one morning with your accounts frozen, but again, if you can show that ALL deposits are from you and you aren't included in the judgment, then you could get the freeze lifted.Of course, getting your funds freed up would take some time. In the event of frozen accounts, some banks will unfreeze the funds by showing them the nature of your deposits. Other banks may require a court order to lift the freeze.flacorps, am I on point with this?
Flyingifr Posted April 21, 2008 Report Posted April 21, 2008 Better to simply close that account and re-open one in your name only. Oregon is NOT a Community property State so there is no way you are responsible for this debt.
Debt Guy Posted April 21, 2008 Report Posted April 21, 2008 flacorps, am I on point with this?All the states I know look to a rule of thumb -- if a party has the authority to draw against the funds in the account, then the funds are eligible for levy. Thus, in the case of a joint account where either spouse has authority to withdraw, then the balance is subject to levy even if the funds are solely wages from the non-liable spouse.The exception to this rule are funds from "restricted sources" -- social security and public assistance are good examples. I've always used the rule of thumb that if the source was exempt from a wage garnishment, then the funds would be exempt from levy once they hit the account.Flying is right. Close the account and open a new one without the name of the liable spouse.
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