If my husband had a writ of execution served on him and they attached it to our joint account, is that legal?

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If my husband had a writ of execution served on him and they attached it to our joint account, is that legal?

Asked on August 18, 2011 North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The levy upon the joint account held by you and your husband regarding the writ of execution and the apparent judgment against your husband was proper because he is one of the owners of the acoount. The issue is whether or not the judgment creditor can keep the entirety of the account under North Carolina law or not since you are married to him.

In some states, the community estate is responsible for one half of an obligation of one spouse. If you want to keep your half from being taken by the judgment creditor, you need to file and serve a claim of exemption in the court where the judgment arose as soon as possible. There are time limitations to do this. If you do not, you very well could lose your half of the joint account.

When you file such a claim, the court clerk will set a hearing date for the judge to make a decision regarding it.


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