how to vacate a levy

[Cynthia_Sieloff]

I owned a restaurant/event center. The business license is soley in my name. A food vendor/creditor won a judgement against me.

Today, he levied my JOINT bank account with my husband. I am disabled and can not work. My husbands salary is the only income that goes into that account. Do I have legal recourse to stop the levy? Is it legal for creditor to levy a joint acct when I can prove that its only his paychecks going in?

Can I file a motion to VACATE the judgement because the suit was filed in both of our names and I was the sole owner?

 

[dee_dub]

Can I file a motion to VACATE the judgement because the suit was filed in both of our names and I was the sole owner?

You mean you were both named as defendants? Why didn't your husband apply to be released from the lawsuit, or at least defend on the basis that he had nothing to do with the restaurant?

If you were both defendants, and you both lost, the other party is well within its rights to garnish your joint account.

If the other party only obtained judgment against you, you might have a shot. Depends where you are, but in many jurisdictions if your husband can prove to the court that all the funds in the account are his, the court will release them back to him. I notice you said that "your husband's salary is the only income going into the account", present tense. Have you previously put funds in? If so, your chances are not good.