Can debt collectors freeze a joint bank account if the debt only belongs to one party on the account?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can debt collectors freeze a joint bank account if the debt only belongs to one party on the account?
My husband had a car repossessed prior to us getting married. The car was in his name, as well as the name of his ex-wife. The debt collectors have begun calling, and have advised that he owes $18,000. We have 1 joint account, and the only thing deposited in that account is our payroll checks. I was wondering, can the debt collector get a court order to freeze our joint account because of my husband’s debt, even though the debt is not mine? If so, is there anything that I can do to protect my paycheck money that is deposited in the account?
Asked on November 11, 2011 under Bankruptcy Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If there is a judgment against your husband and a levy results, all accounts that he has his name on (including joint accounts with your name) are subject to the levy and monies taken to satisfy the judgment.
With that in mind, you might consider opening a new account solely in your name and transferring money into it. I would also try and work out a monthly settlement payment plan with the creditor that you are writing about if money is actually owed by your husband. Good luck to the both of you.
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 AttorneyPages.com 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.