Can a judgementcreditor freeze my husband’s half of our savings account if the credit card is under my maiden name and my name only?

Asked on December 2, 2011 under Bankruptcy Law, New York


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It makes no difference if your credit card is under your name and your name only. If you acquired this debt during your marriage, it is a marital debt and a judgment creditor can pretty much locate any assets it can and get a lien, attachment or garnishment. So if you jointly own a savings account with your husband, that whole account is going to be frozen (in the entirety). Further, if you have other accounts (certificates of deposit, money market, savings, checking, etc) with the bank or any bank and the creditor finds it through background checks, that creditor will attach to all accounts and then begin the process of seeking wage garnishments.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.