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How do I prove the funds in my bank account are not eligible for garnishment?
Anonymous8 views2 answers
I have a hearing for a Motion to Quash Garnishment and need to know what evidence I can present to prove that the money is not eligible for garnishment. A portion of the money is from my husband's wages, and he is not on the debt or the judgement, the rest is from my recent wages, which they had previously garnished but were unable to get much, and then when they tried a second time were informed I do not work enough hours to be garnished. My argument is that therefore the funds in the bank are not eligible for garnishment and losing them makes it impossible to pay our necessary expenses. What proof do I need to support this claim?
Unfortunately I think the fact that you co-mingle funds in a bank account with your husband is a problem. More on that later.
First, you should investigate your state's exemptions for cash or bank deposits. My guess is that under Iowa (like many other states) maintains an exemption amount that can not be touched by a creditor. You might also want to walk into your bank and speak to a representative. If they do not know the answer, they commonly call their legal department to find it out for customers.
Disclaimer: I am only admitted to practice in New York. But lets apply some common sense to the problem. Once funds are jumbled together it is hard to prove which dollar is from your salary and which dollar is from your husbands salary. In a title state like NY if your name is on the account it is presumed all the money in the account is yours. What I would do is bring 6 - 12 months of banks statements. The statements will allow you to show the direct deposit from your husbands job. If his salary isn't directly deposited bring his pay stubs to show the checks dates correspond with the deposit dates. with this your can rebut the presumption it is your money and illustrate it is his.
Lastly, go see a bankruptcy attorney. they mostly offer free consultations and can educate you about the benefits of bankruptcy protection and/or your rights as a debtor.
Good luck
Commingling of funds and then claim exemption is a problem here.
You can establish your entitlement to exemption by tracing the source and origin of the funds . State and federal statute will dictate what can be claimed as exempt.
