top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Which bank accounts can they come after in a judgment?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Which bank accounts can they come after in a judgment?

    It is possible I will have 2-3 judgments entered in court before I can file. I am in California, a community property state. My husband is NOT a cosigner to any of the debt, and we have a "confidential marriage" which means it cannot be found in a public records search.

    We have two joint accounts which I can close, readily (one checking, one savings). I have one account in my name only. He has a brand new checking and savings in his name only.

    I am also named as a trustee on some of my mother's accounts - I am not a signatory or on the account - I just have access, as does my brother, if she dies.

    1. How easily could they seize my husband's accounts?
    2. Could they go after my mother?
    3. I am on unemployment, so my own income is safe from garnishment. Am I better off just retaining a lawyer for the BK and have him stall the creditors? Two already filed suit months ago and we are in a stipulated agreement, so if I can't pay, the judgments are pretty well sewn up.

    Should we just close everything and use cash/money orders only?

    This is for BEFORE I file but AFTER having judgments entered.
    Scared to file. Scared not to file.

    #2
    After you have a judgment against you they'll enter the disposition phase where under testimony you have to reveal your finances.

    In essence anything with your name on it is fair game.

    If you mean by confidential marriage you are living together and have not been married by the issuance of a state license then legally you are not married. (Even if you were married in a church it requires a state license prior to the marriage in all 50 states to be recognized as married).

    Common Law Marriage is not recognized in the state of California. (Only 11 states actually recognize Common Law Marriage).
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


      #3
      I was in similar situation, I was judgement proof,I notified capone of this, they still sued me. It was smaller cc debt I had, so I was shocked. As part of judgement filed, it ordered me to provide financial records such as bank accounts, car records, retirement statements etc. I went to see attorney who told me to provide the info, I did not have to file bkruptcy. Just to change bank accounts after providing info. He did tell me anytime they feel like it they can request the info thru the court again. So I filed chptr 7 to avoid the harrassment so to speak. I still am reluctant to open any accounts with my boyfriend again.
      chpt 7 ,5-2009

      Comment

      bottom Ad Widget

      Collapse
      Working...
      X