Legal Question in Credit and Debt Law in Illinois

Checking Account Garnishment Exemption

My ex husband is a deadbeat. He owes GMAC and is responsible for the debt according to our divorce. But because I showed up in court to prove this and gave them my info...they made a judgement against me. I have been paying monthly...but they still garnished my checking account. Here's the problem. I live in Illiinois now...eight hours away from the Missouri County where the garnishment was filed. Where do I file for an exemption based on my head of household status? No one in my small IL county seems to know anything. The Sheriff's office in the MO county where the garnishment was filed says I have to file for the exmption in the county in which I reside. Is this correct?


Asked on 9/23/08, 5:09 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Checking Account Garnishment Exemption

You should contact an attorney the county in Missouri to help you as it is a Missouri case. Additionally, in order to get reimbursed by your ex, you need to do that through the divorce proceedings. Showing that proof to GMAC made no difference to GMAC. Creditors don't care what is agreed to in a Divorce agreement. The agreement does not remove your liability, unfortunately.

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Answered on 9/23/08, 5:21 pm


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