Can a credit card company garnish a dual checking account if they had a judgement on only one person on that account?

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Can a credit card company garnish a dual checking account if they had a judgement on only one person on that account?

Asked on August 7, 2012 under Bankruptcy Law, North Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, a joint account is deemed owned by both parties on the account. When there is a judgment against one of the two people listed on the joint account, the joint account in its entirety is subject to levy by the judgment creditor to help satisfy what is owed by one of the debtors.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Absolutely a credit card company can garnish a dual checking accoiunt.  Having someone else's name on the account is not going to protect the person from garnishment.  This is why many people use separate accounts but even then  an argument could be made a debt owed under marriage is a marital debt and the creditor would simply have to argue attachment to other assets as acquired by the couple.  The best thing to do to stop further automatic garnishment is to close that account and speak with the creditor about alternative settlement arrangements.


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