Legal Question in Credit and Debt Law in Iowa
Hi I am from Iowa. My husband had received a bank garnishment. My question is we have a joint checking account and they took everything. I am on unemployment and have have my checks directly deposited into our joint checking account and I also have recently deposited my student loan into our account also. My question is even thought it is a joint account is their anyway that they will not be able to take my unemployment money and student loan so that i can get it back the garnishment is on my husband not on me. so I diid not know what my rights were since it is a joint account? what can i do. Thank you so very much for your help.
2 Answers from Attorneys
The simplest and easiest way to deal with this is to get yourself another bank account. What's going to happen is that the creditor is going to shoot first and ask questions later, which means that the bank will go along with it because they're not knowledgeable about the law. Unless you like going to court frequently get another account.
If they had a garnishment on the checking account and the garnishment is valid - they absolutely can wipe out the checking account. But be careful, your husband was entitled to notice of the garnishment. Additionally, he can contest the garnishment on the basis the property being held is exempt (such as unemployment) and request the court can set a hearing on the matter. Mr. Luedeman is correct though....unless you like going to court, open up another account to pay your student loans and receive your unemployment through - at least until your husband gets his debt resolved.
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