Legal Question in Credit and Debt Law in Virginia
Attachment for Parent's Debt
I had an attachment put on my bank account for a debt of my mom's of which I had no previous knowledge. A judgment was issued against her and she was told a garnishment would be issued on her business account. Instead, they put an attachment on my account (I'm a primary holder, she's a secondary)- can they do this even though all money in the account is mine? I'm in CA, mom is in VA, so they tried the case in VA without giving me an option for change of venue (only communicated with mom prior to withdrawal).
1 Answer from Attorneys
Re: Attachment for Parent's Debt
You should write the Virginia bank or
financial institution which permitted the garnishment of the particular account which you mentioned as well as your mother's judgment creditor to determine whether these funds which may have been inappropriately taken from you can be recovered. (You should bear in mind, however, that if your mother had unrestricted access to these funds as if they were hers, there may have been no legal bar to subjecting them to the garnishment.)