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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.