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?

UPDATED: Aug 9, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption