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Author Topic: CA tactics trying to collect on a judgment  (Read 3280 times)
Null0
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« on: April 30, 2012, 08:34:16 PM »

Default Judgment from 2007. Writ of Garnishment served to my employer and I filed for Head of Household exemption. Opposing counsel files a response to my claim of exemption and requested a deposition. Went to deposition and produced all documents that pertained to me as requested (Bank statements, 3 years taxes records, pay stubs). Attorney on phone immediately after depo was over asked if I wanted to offer a settlement. I offered 30% of original judgment. Received word they declined my offer and received notice of a hearing in front of a judge later this week.

I believe I meet the FL requirement for HoH as I provide more than 50% support for a dependent -I make more than 50% more than my wife and our adolescent child lives with us. 

On the morning of the HoH hearing opposing cousel calls and says they are cancelling hearing. I verify with clerk of the court and it is confirmed. 

On 4/23 I received notice of voluntary dissolution of the writ of garnishment from OC.  I hadn't heard anything until today when I happened to check my public records and found they have issued a new writ of garnishment on the joint bank account I have with my spouse.  I called the bank and they had not been served with the writ as of 1PM today.  I then went to the bank and removed my name from the account in order to not tie up my wife's money in this situation.  (She is not named in the judgement.)

Now that my name is off the account, what recourse should I expect? How can I prove head of household to prevent this game of cat and mouse they keep playing? 

Thank you.

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cmart56
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« Reply #1 on: May 01, 2012, 03:47:49 PM »

the legal doctrine of joint tenancies by the entireties should shield a bank account held jointly by a husband and wife from the creditor's  reach.but only if one of the spouses' is indebted and the other spouse is not.like in your case.your wife is not indebted or in privity with the creditor.further,generally only wages are exempt from garnishment.however,if you can show that the monies in the bank account are from your wages,the creditor cannot garnish said funds in your jointly held bank account.but,while the process of proving these funds to be exempt from garnishment,your bank account could be frozen.so you did right by removing your name for the time being just to play it safe.i would definitely discuss the issue of joint tenancies with your bank officer and how that is handle at your bank in a situation like the one your in.moreover,it would not hurt to consult with a consumer law attorney about these issues and the possibility of any action on your part in the event of a wrongful garnishment.i would also put the lender's attorney on notice as to the fact that any monies in the joint account are from wages and as such are protected from garnishment. 
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Null0
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« Reply #2 on: May 02, 2012, 10:11:26 AM »

In the deposition I submitted credit union statements showing the only deposits into the account were wages from my spouse and I, via direct deposit from our employers.  I also told them that the account is joint and set up as tenant by entirety.  The only reason I can see that they would do this is because they want to harrass me. 
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cmart56
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« Reply #3 on: May 02, 2012, 11:20:40 AM »

i agree with you that they are without a doubt harrassing you as well as trying to intimidate you as well.and if you show them you lack knowledge about the whole process they will quickly move on you,i.e.,try to garnish your bank account.put the lender's attorney on notice that all monies in your credit union account are solely from your wages.remind him or her that you told him/her in the deposition.and let them know that you will not hesitate to sue them if they gaarnish funds from your bank account.specially when you told them on more than one occasion that these funds are from your wages.wrongful garnishment is actionable.put everything to them in writing via certified return receipt mail.copy the court file as well as the judge in the case.And i would request the hearing for the determination of your wage/head of household exemptions.
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