Obtaining garnishment on a bank account for an existing judgment.

I was awarded a judgment against my ex-husband in the divorce. I filed garnishment papers on the bank he used when he was operating as a corporation. The corporation was administratively dissolved in November, 08 by the State of Oregon. Because he never changed his account to a personal account and apparently is using the corporate one still to do business and personal, I was told that the bank could not enforce the garnishment since the corporation was not named in the judgment. What are my remedies?

Asked on June 29, 2009 under Family Law, California


N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may be able to go back to the divorce court and request a modification of the judgment to add your ex-husband's corporation to the judgment. You need to explain to the judge that your ex-husband may be mixing his personal assets with the corporate account. Also, explain to the judge that you cannot enforce the garnishment on his bank account because the corporation is not named in the judgment.

If that doesn't work and you can't modify the divorce judgment, try to find out if your husband has another personal bank account somewhere else.

You may need the assistance of an attorney to search for other assets that your ex-husband may have to satisfy the judgment.

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