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I am trying to convince my bf that he needs to get direct deposit because it is too far and inconvenient to drive to my back every week. He wont open a back acct. because his exwife ran up bills on utilities he left on for her when he left. (he learned a lesson) these are strictly utilities i have seen the credit report and he has been very upfront with it. he is having one garnishment right now. it is almost pd off. He wont open a checking acct because he is afraid they will take money out for these bills on his credit report. My question having not delt w/ this situation personally is can they surprise you in taking your bank acct. that may only have $200 in it. I thought they had to go thru court and judgements first so youd be aware it was happening???????
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I can see this happening. In Mo, creditors can take you to small claims court and get a ruling in their favor--even if the person they are trying to collect from doesn't show up. Then, they can take their ruling and get a garnishment against the account. If the creditor is unable to locate him, due to his moving, a judgement can still be ordered.
When I had my daycare center, I had several families that left me with bills. They did not show up to court and I won by default. 2 of the 3 I was able to track down, and I had their wages garnished. On one of them, they had divorced, but I was able to get the money from the husbands paycheck. -
i had money takien out of my check from a garnishment before. it came out before i got the check,but it had to go through the courts first. i just opened accts in my kids names and dumped money in there instead of into mine until it was paid off. they never touched it.Comment
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The right thing to do is as follows:
1) call all the creditors and let them know the situation. Most of the times they will work with you.
2) take his ex-wife to court. File sue against her for all bills plus all damages to satisfy the creditors.
3) dispute the charges with the credit bureaus.
If you do all of these, you should be good to go. There's no reason why you should live your life in fear for something someone else did.
Otherwise, they can garnish your future wages if you lose a decision in court. They have to serve notice that you're being sued so there's no excuse for him not knowing a decision was ruled against him.
He needs to tighten up and just work through the system. Don't worry about it. The more you run away the more potential for charges the judge can rule against you.
I think if you went to court and told a sympathetic judge that he left the lights on for her to help her out, the judge will rule in his favour.Comment
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