Legal Question in Credit and Debt Law in Michigan

if a judgement was entered against my husband and his name is no longer on our bank account but his pension and social security check go into this account can they garnish tihis account since it is in my name only


Asked on 9/07/10, 3:28 am

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

A creditor must wait at least 21 days before acting on a Judgment.

They cannot garnish a bank account unless the defendant debtor's name is on the account (or other asset), but they may be able to garnish his pension check, depending on the type of pension he has (some can be garnished, others cannot). SS checks cannot be garnished - only after they are deposited (but again, his name is not on the account). However, if creditors are aware of his "income" and have reason to believe that he is intentionally hiding money or re-routing it, they could schedule a creditor's exam or conduct further investigation. There are so many judgments & collectors out there right now, it's flooded, and moving slower than normal.

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Answered on 9/19/10, 1:39 am


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