nytepassion

Okay so yesterday I go to the pizza place to pick up dinner for my kids.

I pay with my debit card. They come back and tell me it has been declined. I thought that was odd cause I know I had 'close' to four hundred dollars in my account that morning when I checked my account and there were no pending transactions. Except I know there is one that just hasn't crossed my account yet and it was for 20 in gas.

So I thought there must be some kind of mistake, but didn't have them run the card again cause there were lots of hungry customers waiting to place there order. I pay with cash and head home to check my account online.

I log in and low and behold my account balance is ZERO. I'm still thinkin' there is a mistake and click on the holds link to see that there is a hold on the money in the account and that the availability date says NOT AVAILABLE.

So I call the bank and they tell me that there is a court order for this company to be able to take out all the money from mine and my husbands accounts up to over three thousand dollars!!!!

Now he doesn't have any money that he puts into his account. So who are they going to get the money from??? ME of course.

The money I make pays the rent, bills, groceries, necessities and provides for my kids. How can this company take all my money like that? They don't even leave anything for us to live on???

All of his bills are falling on my head. While he is off camping on the beach.

How can this be? Can they legally take all my earnings and leave us with nothing?

Please if anyone of you have gone through this or know how to stop them from taking all I make .. please, please share your experience or expertise with me.


Passion

nytepassion

Now to top it off the 20 dollar gas charge came through and I'm overdrafted.
ARRRRRRRRRUUUUUGGGGGGHHHHH!!!!!

Freedom1990

You need to contact an attorney ASAP. Unfortunately that is part of being legally married to an addict/alcoholic. They can go after either one of you for his debts.

cessy68

Hi there,

As some of you know, my background (career)is in credit/finance. Just so you are aware of how this works, if you are married - debt is joint.

Now, you (and perhaps even him) may not have realized that this happend to you, BUT (if you aren't real good with the bills, or opening every single piece of mail).....

Even with my background in finance, I'm guilty of that-- because I can't pay it anyhow.

BUT for example, if you had a medical bill that went to collection..... or went to small claims court to get the money, and you never showed up etc. they can put a judgement against you. Same thing with a creditor. (alot of creditors don't do this just because of the large amount of people they are trying to collect from) they would be in court all day.

IF there was a judgement against your credit/ you or your husband, and you don't pay it. The court WILL allow a sieze of your account, (so that ANY money you put in, will automatically be taken out, and the creditor will get paid).

SOOOOO, DO NOT (unfortunately) put any money in the bank, until there is a time that you can afford to have them draw it out and pay off that creditor. Cash your checks at a check cashing place, and pay your bills with money orders until you can pay off that debt and start useing your account again.

I know it sucks, but they can do it.

Let me know if you have any other questions.
Take care,
Cess

Callie

I agree - contact an attorney ASAP. Meanwhile close or take your name off of ANYTHING to do with him that you can. I just did all of this last year. Some of it can be removed, but if your names on it they can come after it in HIS name.

frankly

((nyte))

To take your funds, they had to either have a judgement against you or him if joint account or the bank itself has issued an offset for monies owed them. Were you taken to court or sued? Was he? Sometimes they can get a default judgement without you even knowing by using an old address. Lots of different things and way depending on your state.

Most states though have exemptions that you can claim as head of household. First find out who has the lein, find the file at the courthouse in the county you live in maybe, a lot of times you can find it online with the clerk of court web site. There is paperwork that has to be filed with the court and the bank asap. Try to get an attorney if you can't afford one contact legal aid. You may be able to vacate the judgement due to non service if you were not served. You may be able to claim injured spouse exemption, any number of things. Go to Free Credit Reports Credit Repair Counseling Increase Your Credit Score Debt Consolidation and post in "is there a lawyer in the house" section, lots of good people there who have solid answers.

Hope some of that helps.

ventuhome

Hi Nyte, my brother is going thru the same thing with his addict wife right now, only its the Government going after him for things his AW has messed up. My neighbor is a par-legal, and she recommeded searching for "Pro-Bono" lawyers in our area. This legal mess covers family, estate, and disability issues.
I think its WRONG for this company to me seizing ALL your money. How are you going to live? Find out what company this is and contact them. If you or a lawyer cant fix this, please contact your congress member, because these stories of how kids are getting screwed have to come out to the government.

winnie12

they've garnished your checking acct which means they can take every penny you have in there - they can also garnish a paycheck but in my state they can only take a percentage out of it. But the creditor doesnt do both - they do one or another. So until you get it resolved get your paychecks and cash them yourself. You need to speak to an attorney. Typically you're going to have been served with some sort of lawsuit before this happens so he might find some red tape to get you out of it or buy you some time if you werent given the opportunity to defend yourself or set up payments on your own. It all really depends upon what this debt was for. If you are legally responsible for it then they will inevitably start garnishing your paycheck. only way to truly get out of this is pay it or go through bankruptcy.

If you dont know what this is for then require that your bank immediately send you proof of the court order so you'll know what you're woking with. all states are different but in some if the debt is just in husband's name then they cant garnish you unless you have joint accounts if they didnt put your name on the lawsuit.

MrsMagoo

I love you Sher. Make some phone calls today and let them know that you are SEPERATED from AH and the sole provider for 5(?) children. Also tell them that AH may have gotten notice of pending litigation but you, however, had no idea what was going on. Tell them AH gets unemployment even though it's put on a debit card, and maybe they can gain access to that money and garnish his unemployment. No reason for you to suffer while he's off partying and camping.

Get on your knees and keep the faith.
:praying

MsPINKAcres

Oh Honey - I am right there with you!!!

If you read my old post - you will learn of my story! My divorce is almost final -but my paychecks have been garnished because of his medical bills, they were about to garnish for the house note that he isn't paying - he is almost 4 months past due!!

NOTE this is the house that the courts awarded HIM because I abandoned the house (I left because it wasn't a safe place for me to live anymore, due to his drug use and scary behaviors) and he is still living there - Just as happy as can be.

All the time while he is suing me for spousal support.

AND I was stuck with all the credit card bills!!

YES, my friend this happens ALL the time in a community property state - please RUN don't walk to a good family law attorney and also possibly seek counsel from a bankruptcy atty - I had to do both.

It hasn't been easy but someday, some how - I will get thru this and rebuild my life.

My thoughts and prayers are with you!!!

HUGS,
Rita

dslalonde

Sher,

Wish i could
Mrs. Magoo is correct. Make your calls.
:praying
susan

MrsMagoo

So.....anything? I know with me.....I would rather die than make those kind of phone calls but you are much, much stronger than I am Sher.

Let us know okay? :praying

sojourner

nytepassion - i too went through this with then addict husband (i live in Michigan).

I want to encourage you, if you have not done so already, to file for divorce - that is a protection for you for any debts he incurs after you file - otherwise, this will just keep happening and happening. I always encourage filing for divorce or getting a legal separation since i've had my own experience in financial hell because of an addicts actions.

I'm sorry you're going through this - you will get through this you know...

dslalonde

Sher,
Just thinking of you. How are you?

dslalonde

Sher,
Just thinking of you.
How are you?