QUESTION
If married and one has added a spouse to bank acct then spouse gets notice of garnish/levy, is original acct subject?
Asked on Dec 11th, 2012 on Bankruptcy - North Carolina
More details to this question:
I was added to my wife’s bank account, she is primary, and a few months later was notified of a past bad credit card debt and a Notice of Exemption from Levy was sent to received. Nothing has been presented to the bank, but is the joint account, with her name primary, subject to levy if it they attempt it?
4 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on the state where you live.
Answered on Jun 12th, 2013 at 12:58 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes.
Answered on Apr 30th, 2013 at 10:04 PM
Yes. The creditor can attempt to freeze this account if your name is on it. There are ways to prevent this garnishment, but you will have to go to court.
Answered on Dec 13th, 2012 at 1:04 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Yes, if funds are in the account which can't be exempted, they can be taken since they are comingled between the two of you. Whomever does not have the judgment needs to have a separate account.
Answered on Dec 13th, 2012 at 1:03 PM