Legal Question in Credit and Debt Law in Missouri

Two years ago, my mother needed to cash a check so I put her as a secondary on my account. When I went to withdraw her name, Bank of America would not allow me to do so without her present. When I informed her that she needed to go in and take it off herself she agreed and told me she went the next day. However, today I discovered my bank account was frozen and a garnishment was put on the account. It is only my money that goes in and out which can be proven by bank records. Can they take my checks for her debt? (PS my job is unable to cancel my direct deposit until September)

Asked on 7/22/10, 5:39 pm

2 Answers from Attorneys

Anthony Smith LawSmith

You and yrou mother can Move teh Corut to Quash the garnishment. In that Motion you can try to show that yrou mother has not funds in the account Technically, you have comingled yoru money, so her creditor(s) may be able to get to the money in the account. The garnishment was a one time thing, but the creditor can do it over and over until the debt is paid. If your employer cannot change the direct deposit, then you need to open another account immediately and transfer your pay the same day it goes in.

Unless that Garnishment (execution) is quashed, your bank will be obligated to turn the money over to your mother's creditor. You may need to hire an attorney to represent you or assist you in handling this execution.

Good luck

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Answered on 7/23/10, 11:36 am

Diane Denniston Diane Denniston, Attorney at Law-

Here's the major problem: you are using a very sloppy bank which has a history of being customer unfriendly. (I warn ALL of my clients to stay away from this bank!) Even if you open up another account with Bank of America which is solely in your name, there is no guarantee that Bank of America will prohibit the creditor from attaching your new account. It is extremely likely that you will need to hire an attorney to fight Bank of America and the creditor with a Motion to Quash Garnishment. One thing to consider: if your employer will not change the direct deposit until September, discuss with your employer that you no longer have a checking account and must be paid the old fashioned way.

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Answered on 7/23/10, 12:15 pm

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