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Set back by wife's credit & a bank levy... YAY!

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Cubist
New Contributor

Set back by wife's credit & a bank levy... YAY!

After making huge improvements in my credit, buying a house, and obtaining a few good credit cards this year (Thanks to everyone here!) I had decided it was time to tackle the job of cleaning up my spouse’s credit. Hers is a mess. COs, judgments, collections, and lates on the rest. I figured this would give me something to do now that I’m gardening. I had planned to pull her reports and start cleaning things up in January.

 

Things are going to be getting a jump start! I looked at my bank statement & noticed a large chunk of money withdrawn. After calling the bank, I was informed that a court levy had been placed on our joint checking account. Now, my wife doesn’t work & hasn’t in several years (daughter with heath & developmental issues), so every penny of the money in that account was earned by me. The levy was for a default judgment for a credit card debt that was charged off before we married.

 

I’ve got work to do! When rebuilding my credit, I didn’t post here too much. I did more reading, but her credit issues are likely to be quite a bit harder to deal with than mine were. You will all be seeing me around a bit more often I think!


VS- $500, BarclayCard - $1200, Lowes - $5000, Old Navy - $1400, CapOne - $200, Chase Freedom - $1200
Started My credit rebuilding 11/2012 (stating scores in the low/ mid-500s)
Current scores - EQ 690. TU 724, EQ 719
Closed on my first home 7/25/2013!!! THANK YOU SO MUCH MyFico!
Gardening until 3/1/2014
Message 1 of 6
5 REPLIES 5
guiness56
Epic Contributor

Re: Set back by wife's credit & a bank levy... YAY!

Good luck.

 

Even in a community property state they can't take your money if the debt was soley hers before your marriage.  The issue is your joint checking account allows them to do that.

Message 2 of 6
coterotie
Established Contributor

Re: Set back by wife's credit & a bank levy... YAY!

Guiness is correct that the problem is the joint DDA ownership.  If she is on the title to your house, likely a lien has attached there as well.  Unless the money in the account was from retirment income you are likely out of luck.  However, if you are not in a community property state I will suggest she file bankruptcy.  Just her not you.  Filing BK will get the money back as a preferential payment, wipe out the other stuff and allow her a fresh start.

 

Obviously you will need to give an attorney a call to verify everything I have suggested.  I would also suggest you negotiate hard on the fee since only one person is filing.

 

And if you have direct deposit get it stoppd immediately and change banks.

Message 3 of 6
guiness56
Epic Contributor

Re: Set back by wife's credit & a bank levy... YAY!


@coterotie wrote:

Guiness is correct that the problem is the joint DDA ownership.  If she is on the title to your house, likely a lien has attached there as well.  Unless the money in the account was from retirment income you are likely out of luck.  However, if you are not in a community property state I will suggest she file bankruptcy.  Just her not you.  Filing BK will get the money back as a preferential payment, wipe out the other stuff and allow her a fresh start.

 

Obviously you will need to give an attorney a call to verify everything I have suggested.  I would also suggest you negotiate hard on the fee since only one person is filing.

 

And if you have direct deposit get it stoppd immediately and change banks.


With only you on the account, not a joint account.  Or even one that has her as a beneficiary or anyway remotely connected to the account.

Message 4 of 6
Cubist
New Contributor

Re: Set back by wife's credit & a bank levy... YAY!

I spoke with the attorney who filed the motion to have the money siezed from the account. He was actually quite helpful, seemed understanding and agreed to resolve the issue with my bank account. From my understanding, if she is a co-signer on the account & I am the primary, they cannot sieze funds from the account unless the money is "hers". If I can proove that all of the deposits into the account are from my own funds, and not hers then It will be returned to my account. This is the case, but it's going to take a bit of running around to prove it since I've had several non- payroll deposits into that accocunt that I will need to get copies of.

 

In the mean time, I'm going tuse another account for bills & what not. She is not going to file for bankruptcy. a lot of the things on her report are quite old & nothing large enough to justyify a BK IMO. 


VS- $500, BarclayCard - $1200, Lowes - $5000, Old Navy - $1400, CapOne - $200, Chase Freedom - $1200
Started My credit rebuilding 11/2012 (stating scores in the low/ mid-500s)
Current scores - EQ 690. TU 724, EQ 719
Closed on my first home 7/25/2013!!! THANK YOU SO MUCH MyFico!
Gardening until 3/1/2014
Message 5 of 6
coterotie
Established Contributor

Re: Set back by wife's credit & a bank levy... YAY!


@Cubist wrote:

I spoke with the attorney who filed the motion to have the money siezed from the account. He was actually quite helpful, seemed understanding and agreed to resolve the issue with my bank account. From my understanding, if she is a co-signer on the account & I am the primary, they cannot sieze funds from the account unless the money is "hers". If I can proove that all of the deposits into the account are from my own funds, and not hers then It will be returned to my account. This is the case, but it's going to take a bit of running around to prove it since I've had several non- payroll deposits into that accocunt that I will need to get copies of.

 

In the mean time, I'm going tuse another account for bills & what not. She is not going to file for bankruptcy. a lot of the things on her report are quite old & nothing large enough to justyify a BK IMO. 


You mentioned several judgments, problem with them is they can reach up and bite you for a long time (depending on your state up to 20 to 40 years)  I'm not pushing for the BK but I would definitely do some research and planning to deal with that stuff. 

Message 6 of 6
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