need help on info on garnishment

[kingss]

Hi all im new here, ok this is the story i stop paying my credit cards in aug 2001 i check my credit report in dec 2006 all my accounts where all in charge offs never had joint account with wife on credit cards.but now i move to a different state florida i was in VA before. i always had a checking account never had a problem but i open a new account in florida joint with wife but she has different last name then mines. so i check my account yesterday the creditors have a garnishment on both accounts there both have less then 30 dollars in both.can they garnishment my wife wages too. i realize my name on both account should we go in and try to close the joint account or just leave it.i really need advice on this asap

[lrprn]

Welcome to BK Forum - glad you found us!

Obviously at least one of your creditors had a judgment granted against you in court - that's how they or far more likely a collector they sold your debt to was able to drain your new account. You need to talk to your bank to find out who took the money and what papers they supplied to the bank to allow it.

Then you go hire yourself a lawyer. There's no fast way to get your money back at this point. It could be that the debts are past the statute of limitations but with a judgment, that changes things.

Your recent move confuses things also - I assume you charged all the debts in Virginia. How long have you been living in Florida?

If you are certain that your wife isn't a co-signer on any of your defaulted debts, then she needs to open an account with ONLY her name on it. Until you can straighten this mess out, stop direct deposit of any of your paychecks or other regular income that is yours and go on a cash/money order basis for yourself for now. Ask the lawyer you hire if it's ok to direct deposit your earnings in her new account.

I'm not a lawyer so these are just suggestions. You need knowledgeable legal help to sort through this mess asap.

[kingss]

ok the checking account the money we are not worry about we just open to pay rent. theres only a few dollars in both accounts we have no direct deposits of anykind.
my debts i accured in new york.but when i move to Virginia i had a hard time finding work i max a one or two cards in Virginia then i stop paying the credit cards but before i moved to Virginia i had great credit.
i only been in Florida for about 98 days
but wouldn't the garnishment stop her from open a checking account or it is just me because my name is on the account to.
the debts i accured my wife was never on the credit cards

[lrprn]

Since your wife has no connection to your debts, she can open whatever accounts she wants on her own. For now you should definitely stay off all of her accounts until you sort out what's going on with the garnishments against you.

[kingss]

ok ty for the help. one more question im going to try to get a lawyer i have stocks you think they garnishments that to? it not much but on monday i was thinking on selling them to get a lawyer or you think i should just let them take them for my asset. im not working now so i going to need to sell some stuff i have to get a lawyer.
and thank you very much for the quick reply and i will keep this update once i start getting on the roll with my chapt 7 bk.

[keepmine]

Sell the stock and use the money to pay your bk lawyer.

[kingss]

Irprn can i file my chapt 7 in Virginia or do i have to file in Florida i havn't really got a florida id i still have my Virginia lic.

[lrprn]

Irprn can i file my chapt 7 in Virginia or do i have to file in Florida i havn't really got a florida id i still have my Virginia lic.

The bankruptcy law states in order to use the bankruptcy exemptions for a state, you have to live in the state for at least two years prior to filing. Since you've only been in Florida for 100 days, you can't use Florida's exemptions (although you can use a Florida bk lawyer and file your bankruptcy forms and schedules in Florida - I know....it's goofy. Be sure to thank your congressional representatives for the big mess they created when they changed the bankruptcy law in 2005).

You said you acquired your debt in New York, then moved to Virginia, then moved recently to Florida. How long did you live in Virginia? How long did you live in New York? Do you own property assets (house, land) in any of the three states? Looking back six months, what's your total income? Do you have children or other dependents living with you?

[kingss]

ok new york most of my life i lived and new jersey but never got credit cards in new jersey.i live in Virginia since 2001 i just moved to Florida in April.i have maybe one asset that is my stock it only $500.00 dollars i was thinking of selling it to help pay lawyer should i sell it? i still have a dinning room from one of the credit cards should i put that as a asset everything else is my wife. i have nothing else i just sold my 96 mercury in jan of 2007 for $1000.00to help me moved to Florida.ok since i moved to Virginia i be honest i am on public assittsants don't get cash only food.i havn't work since then i only have a side bussines doing computers but never made alot of money.i file taxes but it was very low. my tax id i had i filed zero because i never made money. i still have one do you think i should close it before i file BK?. i havn't got a real paycheck since 2001 i all ways file self empoyled.so i don't have a real income and i have 6 kids.

[lrprn]

You will need to use Virginia bankruptcy exemptions to file Ch 7 - http://www.bankruptcyinformation.com/VA_exemp.htm

It's time for you to make 3-4 free consultation appointments with bankruptcy-specialty lawyers in your area. During the consultations share everything that you've told us here in this thread. That's the best way to find out whether you should close your business now or not and whether it's ok to sell your stock or not.

Given you aren't employed, you shouldn't have any problem filing Ch 7. Please let us know what you find out during your free consultations.

[kingss]

ok i went to two free consultation today these lawers are to high for filing chapt 7 one wants 2100 and the other wants 2500 i told them everything one was yes you can sell your stock then the other was no.so right now what i did was sell my stocks it only $450.00 im going to close my tax id.
i have a friend that file her on chapt 7 and was discharge. she did her farthers to and he was in a different state and got discharge.so i just need one info on somthing do i have to put my wife info on the papers or i can just put only my info.because the paper ask for spouse info.oh and another thing i won't be able to file bk in florida until oct 2007 the lawyers said they won't file i need to file out in Virginia so i might have to file for myself without a lawyer.