Who has attachment?

A few quick questions on attachment and what a creditor/predator can take, once a summary judgement has been passed in their favor:

1. My wife was named in the suit, I was not (credit card dispute). We live in Texas, which I believe is a common law/common property state. I was not permitted to speak on my behalf in the summary judgement hearing, since I was not named in the suit. However, I believe they (creditor) can take money out of a bank account in my name only? Is this correct? Should I open a business account (I am a sole proprietor) with only my name listed?

2. Can this creditor simply go down to the bank and hand the bank a copy of the judgement, and take every penny out of that bank account? Can they come to my house and seize assets (cars, furniture)?

3. Is it too late in the game for me to file a UCC-1 as Secured Party over my wife, preventing this predator from taking anything unless they go through me?

4. Is it worth my time and effort to investigate void judgements pertaining to this?

Thanks in advance, everyone...

[seeker]

Yes they will just go to the bank and take any money there. No it does not matter if it is only in your name (check co-mingling of funds)

Best bet, take the account down to a few bucks (we left less than $100) and expect they will be there to get it. Close other accounts and start operating on the cash only method --

Looking for suggestions on an account that is not associated with name/numbers of individuals (lol)

Anyone?

Seeker

[masterduke]

Seeker, your post on them cleaning out both their accounts, would that be applicable if the married partners had kept their same last names and seperate accounts (but both names are listed on one account)? We are gearing up to face the debt attnys. and I want to thank you for the heads up!

[seeker]

sure does. look up 'co-mingled funds"

[sadie]

Yes they will attach all your accounts whether single or joint even here in Mississippi which is NOT a community property state. The only account I had that they couldn't attach was a corporation that I set up the account for as the officer because the judgment was only against my husband.

They also don't give you any warning. They get a writ of garnishment or it may say attachment and deliver it right to the bank. The bank doesn't even have to notify you.

The writ is really like the IRS Notice of Levy. It is just that - a notice - to the bank that they need to respond to the court within 30 days telling the court of any funds it may owe you.(your bank balances) But instead of just sending a letter to the court stating they have acct#xxx bal $xxx etc., they take the money out of your account and either hold it at the bank or in some areas they forward it directly to the court.

Look up garnishment in your state code for more particulars.

In the meantime clean out your accounts before someone else does.

[KITCHIE]

Actually a Writ is Granted or Denied by a Judge. Since they got a sumary judgement they do not have to tell you when they are coming.

On the other hand you might want to persue a void judgement for all the errors in the PROCESS.

Kitchie

[javaman]

What about check cashing at your bank. Can the creditors cause the bank seize checks that you are attempting to cash? I can operate on the cash method, but I need a way to cash checks. Most banks require that you have a checking account to cash checks. And, my checks are too large to cash at the grocery store, etc. Any advice? By the way, I live in Texas.

[Bill Smith]

You need a separate property agreement.

It would not hurt to research the Writ of Novel Disseisen to see whether that might later be useful.

[charlesa6]

javaman, welcome to the suijuris forum.

[javaman]

Originally Posted by charlesa6

javaman, welcome to the suijuris forum.

Thanks for the welcome. Lots of good information here.