Can creditors of credit cards take money from my accounts if I have no income except SS and an adoption subsidy?

Question Details:

I do not have an income. I can not file bankruptcy until 10/10. I need to know if the creditors can garinsh the checking account that  I share with my husband? I have no other income except SS and adoption subsidy.

Asked 10/22/2009 under Bankruptcy | 1093 View(s) | More Legal Topics

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Bankruptcy Law Answers

Your creditors can garnish any bank account that has your name on it, whether or not it is a sole or joint account.  Therefore, your husband should open up a separate account; assuming that he bears no liability for the credit card debt, his accounts will not be at risk.  As for your SS income, and possibly the adoption subsidy, this money is exempt.  That means that it is protected from creditor claims.  So you could keep an account solely in your name and deposit just this money (any other funds will be subject to garnishment). 

However, you are responsible to properly notify the court and sheriff that the levied funds in your checking account are exempt.  The judge, clerk or creditor is not responsible to determine whether you have exempt or nonexempt funds in your checking account.  You are required to complete the appropriate paperwork to protect these funds.  Typically, you have to complete a one-page document and file that document with the court.  So long as this document is filed before the sheriff sends the funds to the creditor, you will be able to recoup any money that may have already been garnished. 

As for any future garnishments, it could still happen.  If any new judgemnts are are obtained, as far as the banks are concerned, they must comply with any legal process and court orders served on them.  Failure to so comply could render the bank responsible for the underlying debt.  Additionally, they are not legally obligated to determine the status of funds held in one of their accounts.  Since they handle thousands of bank levies per year, it would be too expensive and/or difficult to protect customers' funds while minimizing their legal exposure.  Bottom line, you would have to go through the above process all over again.

To keep things simple, what you may want to do is to deposit all exempt income into your husband's individual account.

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