bdebtfree Posted April 2, 2011 Report Share Posted April 2, 2011 Long story short. My wife was sued in TN on an old medical bill. A judgment was entered. So, there is no possible way to garnish her wages, because she doesn't work. But, can they garnish her checking acct, which consequently is also our joint acct? My name was not on judgment so they can't garnish me obviously. But, can they raid our Ck Acct? I am looking here for some leverage to negotiate a settlement to satisfy the judgment. I figure if they can't get to our accounts, I have some room to ask them to take less. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 2, 2011 Report Share Posted April 2, 2011 Get your wife's name off the account ASAP. Link to comment Share on other sites More sharing options...
YourBudWeiser Posted April 3, 2011 Report Share Posted April 3, 2011 Just went through this in FL. YES they can freeze that bank account and drain it to satisfy the judgement even though YOUR name is on the account as well. There are, however some exemptions that might apply preventing them from seizing the account. For example, funds that are derived from Social Security benefits are exempt. There's also a Head of Household exemption. If none of these apply, the fact that the account is in both of your names might actually help because the funds aren't yours and they aren't your wife's, they are yours AND your wifes. As a husband and wife, you form a special unit called a Tenancy by the Entirety. Tennessee is a full fledged Tenancy by the Entirety state. You'll have to meet certain requirements to form this kind of protection so do your research and see if it applies to you. Link to comment Share on other sites More sharing options...
single317dad Posted April 3, 2011 Report Share Posted April 3, 2011 In Indiana there would be another hearing and some interrogatories that would need to be completed before any garnishments, but in some cases it happens so fast that people go to buy gas and find their checking account empty. I would definitely be proactive here, whichever route you choose to take. Link to comment Share on other sites More sharing options...
chiquita55 Posted April 3, 2011 Report Share Posted April 3, 2011 I would definitely take your wife's name off of anything where you have assets they could get. Link to comment Share on other sites More sharing options...
Chapel Hill Posted April 8, 2011 Report Share Posted April 8, 2011 If they truly want to collect their cash they should lien your home. They should also conduct an OEX. One really nifty procedure here in California is if the debtor no shows at the OEX have a bench warrant sworn and then send out the sheriff. Another step they may take is to look to sale personal property so you might want to learn the rules in your state around which items of personal property can not be seized. Link to comment Share on other sites More sharing options...
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