How to get a release of funds in ajoint account that has been garnished?

Get Legal Help Today

 Secured with SHA-256 Encryption

How to get a release of funds in ajoint account that has been garnished?

A former roommate of mine has had a garnishment placed against them in the amount of about $3,300. This was garnished from an account on which he was joint but in which he held no funds. I am the primary on that account and all the money (about $1,200) in the account belonged to myself and my current roommates. What course should I take to retrieve these funds and those of fees since levied due to checks written against the account before the garnishment? The law firm which wrote the garnishment is refusing to speak to me about this at all.

Asked on February 9, 2011 under Bankruptcy Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

That is the problem with a joint account.  There is no initial determination as to the funds.  It has to be done after the fact.  It figures that the attorneys are not speaking with you.  They have their funds  - or part of them - so they are not going to deal with it.  But you - or your former room mate on your behalf - can file an exemption from garnishment.  You have to prove that the funds were not his but yours.  If you can do so then they must be returned.  You need to write a letter to the attorney's office by certified mail return receipt requested advising that the funds that they took are exempt from garnishment and that if they refuse to speak with you about it or allow you to show the the proof you will file a complaint against them after you file an action for return of the funds.  See if they talk with you then.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption