What to do if my joint bank account that I hold with my wife was frozen last week due to a judgment from a credit card company?

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What to do if my joint bank account that I hold with my wife was frozen last week due to a judgment from a credit card company?

The judgment was that $50 would be deducted from my checking account every month. I wasn’t aware that they had sent me a renew for this deduction several months ago. I assumed that this would take place until the debt was paid off. I also have a wage garnishment from another credit card collection agency. Are my wifes wages exempt from garnishment if she was not part of the original case. Can I claim a wild card exemption. Can I ask the judge to completely dismiss this case based on the law that I can not be garnished twice.

Asked on August 1, 2012 under Bankruptcy Law, Illinois

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

Not nearly enough information to answer your question.  A non-wage garnishment freezes the account until a judge determines the disposition of the funds.  The same as a citation served upon your bank.  Such collection actions are not treated the same as wage garnishments.

You may be able to protect your wife's share of the joint account at the time of the entry of a turnover order by exerting her exemptions and the fact that she is not liable under the debts sought to be collected.  This would conceivably protect 50% of the account, once.  I would adise that she open a seperate account in her name for income purposes. 


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