Comments on: Minnesotans May Sue if a Debt Collector Levies Funds in a Joint Account

By: Sam Glover

Sam Glover — Wed, 30 Jun 2010 18:07:41 +0000

Thanks for the reminder. I've been meaning to write an update. At the moment, the law is back in a state of flux due to a ruling of the Minnesota Supreme Court interpreting Minnesota law. Whatever the final outcome of the litigation---which is ongoing---joint accounts are not protected safe havens. If someone has a judgment against you, it's best to call a consumer lawyer to find out your options.

By: DS

DS — Wed, 30 Jun 2010 14:41:37 +0000

Sam, your blog is dated 1/7/09. Is there an update to the dispute with Messerli & Kramer?

Following a judgment, should a person move money from an individual account to a joint account if one is available?

By: dsimms

dsimms — Tue, 12 Jan 2010 16:40:12 +0000

Even though the debt collector would know the current
law, would they still take whatever they could? They
do not care who the money belogs to as long as they get it.

personally, that is not right in inself. just because we have
a joint account, it is not fair to take jenn’s money to
pay for john’s debts…

is there an update to this law?

what do you think the outcome with be?

and if all the money is gone, that does not mean I will
lay down without a fight… this is why I asked
is there a limit they can take? is there any warnings
before they can take from accounts?

By: Sam Glover

Sam Glover — Tue, 12 Jan 2010 16:22:39 +0000

The law is in flux. At the moment, joint accounts are vulnerable to garnishment or levy, although non-debtors whose accounts are garnished for someone else’s debts may be able to sue if that happens. That doesn’t help much if all the money is gone, however.

By: dsimms

dsimms — Tue, 12 Jan 2010 15:54:47 +0000

I am glad I found this…this has answered my major question, can they come after joint accounts. I am unemployeed, and I have debt in my name only, but the money belongs to my wife as she earns the money, we have a joint account. we have a decent amount of money saved up, and I am always wondering if a debt collector is just waiting around the corner to take
money. Is there a sure sign they will take money, or would there be a notice at all? and if ever get such a notice, should I take the money out, I sure do not want to get caught with my pants down, and they take all of the money, even though laws says they can not do this, but nothing seems to stop them anyway, and is there a limit they can seize if they do go this route?

Thank-You

By: Sam Glover

Sam Glover — Thu, 07 May 2009 02:28:24 +0000

Have you talked to a consumer rights lawyer? This article is about joint account garnishment. If you have a joint account that is being garnished, you may have a case under the FDCPA. In that case, all the consumer rights lawyers I know would take your case on contingency or with a small advance to cover the court costs and filing fees.

By: Katie Hoffmeyer

Katie Hoffmeyer — Thu, 07 May 2009 02:22:33 +0000

I cannot afford a lawyer there garnishing my wages yet i attempted to contact them by phone and email. They are not working with me and garnished my wages also took all my $ from my bank. Now i have no $ and over draft fees. I dont know what to do

By: Sam Glover

Sam Glover — Wed, 06 May 2009 13:32:36 +0000

@Greg: There are no neat “steps” in a lawsuit, just deadlines. If you aren’t sure what to do next, talk to a consumer lawyer.

When and for how much you should settle is a matter of strategy, and depends on the details of your case. You can do it yourself, using your best judgment. Details like how much you should settle for depend on the strength of your case, the debt collector/buyer suing you, and more. There are too many variables to give concrete advice.

25% may be a good settlement figure in one case, and 75% may be a good settlement figure in another. It just depends on the case.

By: Greg

Greg — Wed, 06 May 2009 13:03:25 +0000

Sam, What is usually the next step after discovery on both sides have been answered. Is it a good idea to try and settle before it would go to court? What % would be a good settlement figure. Thanks. Greg

By: Sam Glover

Sam Glover — Sat, 10 Jan 2009 19:26:16 +0000

We should be able to, yes. Converting funds is also a violation of the Fair Debt Collection Practices Act, which carries statutory damages of up to $1,000 as well as actual damages, attorney fees, and costs.