If my wife is being sued for credit card debt now owned by a debt collector and there is a judgement rendered against my wife, can they file to levy my separate checking account?

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If my wife is being sued for credit card debt now owned by a debt collector and there is a judgement rendered against my wife, can they file to levy my separate checking account?

Asked on October 29, 2012 under Bankruptcy Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country if the debt of your wife is incurred during your marriage and a judgment results, the judgment creditor can seek to levy upon all marital assets between you and the spouse. If the checking account is your own separate property it is off limits. However if it is a marital asset it would be subject to a judgment levy.


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