Wife's judgement lien on our jount account

[rbye88]

What is the name of your state?NY
Recently, a lawyer put a lien on our joint account from a judgement from my wife before we were married. We have a 15month old baby, so my wife does not work. All the money in the account is from my pay. Can they take the money since it is from my earnings? NY is not a joint property state

 

[cmorris]

Yes they can, because her name is on the account. Do not deposit any more money into it--it will be gone too. Open up a checking account in your name only.

 

[rbye88]

So I won't be able to get that money released from our joint account?

 

[cmorris]

Not unless it is exempt (i.e., disability).

 

[rbye88]

If I open up a different account in my name only can they put a lien on my account because of my wife's debt?

 

[Ladynred]

Hang on, that's not necessarily true. If you can PROVE that 100% of the funds in that account are from YOUR wages only, you MAY be able to get some or all of that money back, but you have to act quickly to challenge the levy. I suggest you call a lawyer, ASAP.

 

[rbye88]

Will they come after my account?

I didn't know if I should challenge the freeze on that account because I didn't want them to find a way to come after my account

 

[Ladynred]

If your name is not on that judgment, they cannot touch anything of yours.

 

[rbye88]

Wife's judgement and my account

How about our tax return, if I file a joint tax return but have the refund returned to my account, can a lien be put on our tax refund?

 

[Ladynred]

Debt collectors can rarely get their hands on tax refunds UNLESS its deposited into an account that they can sieze. If its in YOUR account, they cannot touch it.

 

[rbye88]

Thanks so much ladynred

THANKS SO MUCH LADYNRED, youhave been extremely helpfull in this stressfull time, not knowing where to turn or who to trust. You've taught me alot, thanks again