Legal Question in Credit and Debt Law in Pennsylvania
My checking account, has been garnished for the entire sum that was deposited by, my wife, by a credit card company. The judgment is in her name, and it is a joint account, (husband and wife). Also, my SSI check, which is a direct deposit, was deposited the same day as the garnishment, which I'm told, cannot be touched. what can I do?
2 Answers from Attorneys
Your wife should file a bankruptcy ASAP. If she files it before they take the money we can have the account unfrozen and the debt will likely be discharged.
Feel free to call or e-mail me on a free initial basis.
I think bankruptcy is a bit drastic in this case. It may be a good idea, but for reasons other than this bank account garnishment!
You can (and should) file a Claim for Exemption with the county Sheriff -- there may be a filing fee of $20.00 to $30.00. That will generate a hearing within a few days before a Judge, and you can argue that your SSI direct deposit cannot be seized according to federal law, and perhaps also argue that some of the other proceeds of the joint checking account came from YOU and not your wife. Time is ticking, however, and you need to move quickly! Best of luck to you.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
F: (215) 525-4364
http://www.carybhall.com
Related Questions & Answers
-
How can a collection company get my banking information Asked 8/20/10, 11:06 am in United States Pennsylvania Credit, Debt and Collections Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
