Legal Question in Civil Litigation in Missouri

Garnishment

My husband passed away in December 2008. This week I received a garnishment on our joint bank account. Back earlier last year, he had co-signed on a credit app for his son who was starting his own heating/ac business. My stepson and his wife then did not pay their bill, so the company came back on my husband and stepson jointly. They both signed an agreement to pay the money back in monthly installments until it was paid off. Due to my stepson not paying monthly, they have now put a garnishment on my bank account. Is there anything I can do to stop this garnishment since I had nothing to do with it.


Asked on 3/27/09, 4:46 pm

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Garnishment

Yes, from the facts that you give us, it appears that you could file a Motion to Quash the garnishment since the bank account was owned entirely by you the moment your husband died. also, it may be possible that the bank's attorney or the creditor's attorney will simply agree with your legal position if it is explained tothem by your attorney. Good luck.

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Answered on 3/28/09, 8:42 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Garnishment

Their claim is against the estate. You need to get a lawyer involved right away to stop the garnishment. It is unlawful to garnish you for a claim against your late husband's estate.

See an attorney right away.

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Answered on 3/27/09, 5:09 pm


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