Need Lawyer Help Asap

[Texas Cop]

My checkin and savings accounts were both cleared out, and both accounts were overdrawn by 846.20 (total of 3201.95USD) with NO notification by the Attorney General to pay my wifes back child support (which is owed because she hasn't been working, and the AG said not to pay it until she got a job, the other children aren't hurting for the money, their father makes nearly 4 times what I do). So now my accounts are 1700 in the hole, and I have NO money, they cleared the savings account to. How the fuck can they do this, as 1. it is not my child support 2. they gave no notice 3. I gave no authorization 4. wife was told she didn't have to pay the child support while unemployed, so long as she took up payments and made plans to pay back monies when she was employed again? I need help in a bad way, as I have NO money except what is in my wallet, I have checks in the mail for bills, and rent and the electricity bill are coming due in about 10 days....PLEASE HELP IF YOU KNOW ANYTHING




drew

 

[BradMc]

Man that sucks, I feel for ya, My 1st ex took me to the cleaners too, But I already had a attorney on retainer (a lot of attorney will take $$ later and or give free advice)...........Good luck Drew

 

[Texas Cop]

THat's the fuckin thing, it's NOT my x, it's NOT my child support.

 

[caudio51]

I'll see what I can do - it sounds like it might be automated somehow.

In any event, I don't see it being legal

 

[caudio51]

In reading This Link I didn't see anything about clearing out your accounts.

 

[Eric]

That absolutely blows. Are these joint-checking/savings accounts?

 

[tedski]

You sure it wasn't identity theft? Talk with your bank to find out how the money was taken out.

 

[Texas Cop]

It was the wonderful state of Texas. the bank pretty much told me there's nothing I can do. The writ from the State means the bank gives them my money no matter what. So now I have exactly $43 to my name. I owe the bank $900. I have a paycheck coming on the 3rd, which will be direct deposited, and immediately applied to the negative balance, leaving me with about $200 to pay my rent, electric bill, and feed my family until the 15th, when I get paid again. Fucking fantastic.



drew

 

[cvm4]

Damn Drew I have nothing to add but I do hope you somehow get to the bottom of this.

 

[tripp]

I would have the next check sent somewhere else, in an account at another bank in your name only.

 

[caudio51]

Yea, send that sucker elsewhere

 

[Greg]

This is a stupid question, but, did you ask for the money to be returned?

 

[Jwrussell]

What they said Drew. You need to immediately set up another account. Preferably with another bank. I would think they could set it up with the deposit of your next pay check. I don't know if you can get the .Mil to cut you a a hard check or change your D.D. quickly enough though.

Best of luck with this.

 

[Kingston]

You need to get a lawyer, a Texas lawyer.
State laws differ with regards to shared responsibilty for marital debt.
Even if it's not your debt, it's your wife's. What's yours is hers and what's hers is yours.
Again, you need a lawyer who knows this area of Texas law. Call the bar association, they often have a referral service.

 

[dre]

damn dude thats rough. I wish you all the best. Keep working on this, it will work out.

 

[Headbanger]

I am by no means a lawyer, but find this peculiar and odd that this has happened. I empathize with you here and hope this will get better fast. But I have to be honest with you, these things hardly ever just happen without warning or without justification. I certainly hope your wife is being completely honest with you as well and not holding back information that you might want to know. I might be wrong so just take as a different perspective, just a few thought below. Again, best to you and your wife. In the darkest times in my life are when I became a better person and improved my situations for the now and for the next time. Just remember, this too shall pass. Prey for guidance and understanding as well if you like.

My (you mean you and your current wife) checkin and savings accounts were both cleared out, and both accounts were overdrawn by 846.20 (total of 3201.95USD) with NO notification by the Attorney General to pay my wifes back child support (which is owed because she hasn't been working, and the AG said not to pay it until she got a job, the other children aren't hurting for the money (in your opinion), their father makes nearly 4 times what I do). So now my accounts are 1700 in the hole, and I have NO money, they (they who?) cleared the savings account to. How the fuck can they do this, as

1. it is not my child support Like Kingston says, some laws view marriages as shared debt. If both your accounts are shared or in both you and the wifes names, then the law might not separate who's money in those account and have the right to take from them.

2. they gave no notice Again they who? Notice to what? Are you saying the AG went to these accounts as took this money without asking or giving notice? I find that super hard to believe there were no warnings or notice in writting. I am sure there were letters written to your wife saying there is past due monies owed and what would happen if the child support was not paid. If there are letters, go back and read them all. There might be something in there stating the AG has the right to take the money, possibly without telling you first. If they told you, then most people empty the account out or move them. The original paperwork that shows the rules of child support might have clues there as well. You should read them as well.

3. I gave no authorization You might not have to. Again go back to the paperwork from the AG and original child support information to see.

4. wife was told she didn't have to pay the child support while unemployed, so long as she took up payments and made plans to pay back monies when she was employed again? Who told the wife while she is not working she did not have to pay and is it in writting? Not sure what you mean by long as she took up payments.

I need help in a bad way, as I have NO money except what is in my wallet, I have checks in the mail for bills, and rent and the electricity bill are coming due in about 10 days....PLEASE HELP IF YOU KNOW ANYTHING




drew

 

[tripp]

I have a nephew who encountered a huge amount of hospital bills.

He was given several chances to set up a payment plan with them but for whatever reason chose to ignore them.

They took him to court and he ignored them. They got a judgement against him and he ignored them.

They had authorization to take the money out of his account and after they did, he did not ignore them.
It was a joint account with his wife and she did not know anything about it until after the fact. It did not matter that most of the money was her's.
When you sign up for something with somebody you gotta take the good with the bad.

Good luck Drew...(ironic that is my nephew's name) you have been thru many diffulcult times since I have known of you and you have always bounced back.

 

[Texas Cop]

So here is what I understand the situation as, after getting off the phone with the OAG. They placed a lein on the account, for the full amount of the child support that was owed. That is why the account is currently overdrawn, and now frozen. The OAG doesn't notify the people involved until AFTER they freeze/seize the assets so 'that person cannot empty the account beforehand'. Still trying to get this bullshit resolved...What a fuckin steamy shit sandwich I was served up and bit into here...



drew

 

[Texas Cop]

Oh..and here's the kicker...Wells Fargo won't let me take a name of the account, I have to close the account, that I have held for nearly 9 years now (opened it when I was 15 and had my first job), because they cannot take a name off the account..

drew

 

[tedski]

Sorry to hear about your troubles Drew ... but as was mentioned, when you marry someone, you get the bad luggage along with the good. Although closing your joint account and opening up one in your name only is a good starting point, you might also consider leaving a minimum balance here and paying all bills with cash / money orders until all your wife's legal problems are solved IN WRITING. As the Texas AG has raided your accounts, they most likely have your SS number ... so even though the new account will be in your name only, technically it could still be considered joint ownership.