Legal Question in Credit and Debt Law in Minnesota
Levy on my checking account filed against my ex-girlfriend from 3 years ago
Five years ago, me and my ex-girlfriend (she left 3 years ago and moved to Nevada from Minnesota) opened a joint checking account. She has had no transactions in that account for the past 3 years. Every penny in that account is mine. Recently she accrued some debt and that account had a Levy judgement against it in her name. They took $1200 of my money. If I can prove that none of the money in that account is actually hers (deposits, transactions, reciepts, etc...), will I get my money back? Yes, I know it was dumb of me not to close the account and open a new one...
2 Answers from Attorneys
Re: Levy on my checking account filed against my ex-girlfriend from 3 years ago
No-- you are SOL. You always run the risk of loss with a Joint Account that the co-depositor's creditors will seize the funds.
You should have shut down the account the minute her last cent was out of the account.
Re: Levy on my checking account filed against my ex-girlfriend from 3 years ago
Only hope I can think of is that you can prove that some of the funds are your exempt asset (e.g., 75% of wages). That is a pretty faint hope. I'll bet if you ask realy nice the ex-girlfriend will reimburse you, right?