What are the chances of getting my money back? 1 Answers as of August 05, 2011

My boyfriend and I have a joint checking account that was recently garnished by a debt collector that only I owe money to. All of the money in the account is his from payroll direct deposit. I requested a hearing to try and get the money returned. What documents should I bring to the hearing, and what are my chances of getting the money back?

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You made a good decision to request a hearing. The creditor is only entitled to property held by the debtor. If you can adequately prove that all or most of the funds deposited into the account belong to your boyfriend then you should have no problem removing the bank levy. Make sure you are both present to testify and bring all evidentiary documents such as bank statements, check stubs, letter from his employer, etc.. showing that the funds are his and are deposited into the account. Also, Massachusetts law provides a $500 exemption of funds which would apply to you as the debtor. If that is the case make you remind your bank and/or the court of this exemption.
Answer Applies to: Massachusetts
Replied: 8/5/2011
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