Does aninjured spouse affidavit protect a joint bank accout against a garnishment or levy?

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Does aninjured spouse affidavit protect a joint bank accout against a garnishment or levy?

We have a joint bank account and my husband cannot pay all of the credit card debt anymore. The cards are all his own (mine are all under my name and credit) . He is worried that his personal account is subject to liens or garnishments. If he only uses the joint account from now on would it be protected?

Asked on January 9, 2012 under Bankruptcy Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation. If he defaults and the creditors obtain a judgement against him then he is correct that your joint account would be subject to atachment.  Now, you can execute an injured spouse affidavit as protection.  It should be done in front of a notary and you have to state the legal ownership of the account in the document.  Then deliver it to the creditor, file it with county clerk and maybe even to the Judge in the suit brought by the creditor.  Then the account should theoretically be free from attachment.  Now, I think the best aveue here is to go and get help with the debt, either consolidation or other legal avenues, rahter than wait for the other shoe to drop.  Good luck.


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