Love, Beal,& Nixon P.C. Garnished my daughter's bank account. I called them to explain that it is not my account, my name is on there for emergency purposes only. I asked for a settlement for the fact that I am un-employed. They offered me $2,634.55......but in one lump sum. I cannot pay one lump sum and they said they were un-able to do a payment plan, and would have someone to call me back. The amount they are wanting to collect is $3,064.65, for a JCPenney credit card, Midland Bank.
Striderq
Columbia,#2General Comment
Fri, September 04, 2015
Unfortunately when someone's name is on an account, then the money in the account is considered theirs for lawsuits, garnishments, levies, etc. Eventhough that person may not have deposited any money into the account and may not have anything to do with the day to day operation of the account. Federal law holds that each account owner holds 100% interest in all money in the account they're on.
What I would strongly suggest to anyone in a similar situation, placed on an account in case of emergency, etc, is to named as power of attorney on the account. Each bank has their own form to process this request. This allows you access to the account if needed, daughter sick, injured, in another country, etc where she can't access the account. You would have full access as an acount owner would. BUT since you're POA the money is not considerd yours and can't be garnished, levied, etc. I konw this doesn't do anything in getting the money back for your daughter but changing it can/will prevent this from happening again.