Hicksville, NY asked in Bankruptcy, Banking, Civil Litigation and Collections for New York

Q: what to do when debt collectors take money out of a joint account in search of person A but only person B's $ is in it?

my dad and i have a joint accnt from when i was 17 and has never participated in my account, never made any deposits/withdrawals/anything, only upon my request to take out cash for me sometimes when i needed, his participation was just to accompany a minor in opening an account and purely for convenience. recently debt collectors froze my savings account and garnished ALL $5144 in the account to pay the debt my dad owes discover credit from 2009. what do i do to get my money back?

2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ

A: Your Dad, if eligible needs to file Bankruptcy, otherwise, you probably won't be able to get it back. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced bankruptcy attorney.

Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New York

A: Your father needs to make a motion to vacate the judgment or you need to make a motion to vacate the levy on the account for the basis you said. You said this happened "recently". If it is within a week or two you are OK. It is very hard to get the money back after it is turned over and not just frozen.

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