What to do if I have a joint bank account with someone who had a debt go to collections and now a freeze has been put onour account?

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What to do if I have a joint bank account with someone who had a debt go to collections and now a freeze has been put onour account?

My paycheck was direct deposited into the account. The bank told me they would back me up to get my money back stating the money was deposited in my name. The issue is the attorneys will not answer their phone, respond to voicemail or email. Is there anything I can do? Can I get my money back? It was my rent money and I am now threatened with eviction.

Asked on August 9, 2011 Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first thing you need to do is to send the law firm that improperly levied upon your assets in the joint bank account a letter certified mail, return receipt requested stating what they did infringed upon your property rights where you were not the judgment debtor on the judgment that resulted in the levy.

You also need to immediately serve and file a claim of exemption with the court as to this joint account to bring the siutation to the court's attention. If done timely, the court will set a hearing date to attend and explain your position.

Keep a copy of the letter and return receipt for future reference.

Keep copies of all prior notes, e mails and other documents showing your attempts to contact the law firm that erroneously levied upon a joint asset account that you have an interest in as a non judgment debtor.

If you do not receive a response in a reasonable time from the law firm that meets your satisfaction for your money's return, you need to consult an attorney on the subject.

Potentially, the refusal to return your money may be an unlawful debt collection practice or other violation of your state's and federal law.

Good luck.


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