Can my husband’s sole bank account be levied due to my debt?

I live in a community property state. My wages are set to be garnished and now I have received notice that they are garnishing a bank account. The bank account at the bank listed is my husband’s who I was not married to at the time of the debt. Can they attached to his bank account? His only income is from Social Security.

Asked on July 16, 2012 under Bankruptcy Law, Washington


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Part of his income now is YOUR community property.  They can garnish his current wages to pay for your past debts to the extent that those wages are YOUR community property.  If you have no way of paying of the debt, you could file a harship to try to prevent future garnishment.  OR, you could file for legal separation--and give the other party notice that you are legally separated and then they would not be allowed to levy his bank account any longer.  You should consult a local attorney about this issue.

Best of luck.

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