QUESTION

Can my solo bank account be levyed for my wifes credit card debt?

Asked on Mar 25th, 2016 on Debtor and Creditor - Florida
More details to this question:
Our joint bank account was levyed .Both our names were on the account can they levy an account with just my name on it?
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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The first question is whether the creditor obtained a judgment, and what names are on the judgment.  In some cases, a bank can "cross collateralize" a credit card debt or loan with a bank account in that same bank, so the bank does not need a judgment.  Banks can sometimes simply take funds in a bank account in the same bank if a loan or credit card was not paid.  If this is your situation, move your money to a new bank.If the credit card company obtained a judgment, then your name needs to be on the judgment before it can garnish (not levy) your bank account.  If your name is not on the judgment, then the judgment holder should not be able to garnish your individual account.If the judgment holder only has a judgment against your wife, and it garnished a joint bank account, you may be able to defend that garnishment if the account is a "tenants by the entireties" account -- If it is a joint account started AFTER you were married and meets some other factors -- but you must assert the defense or it is waived.  Even if it was an account started before you were married, then you may be able to claim that the judgment creditor is entitled to only half of the account.
Answered on Mar 28th, 2016 at 8:44 AM

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