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In most cases yes, some states have lawsuit collection limitations with regard to the spouse but they are very lax. Just figure it as a divorce case all property and assets are community property of the couple therefore can be attached in any potential lawsuit.

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Q: Civil procedure husband was sued in fruad case can wife account be touched?
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Can a joint bank account between a mother and son be levied by a judgment creditor when only the son is the debtor?

Yes. Judgments can be executed against joint accounts with the exception of accounts held by a married couple as Tenancy By The Entirety when only one spouse is the debtor. The usual procedure is for the account to be frozen and the non debtor account holder filing a motion with the court to have the portion of funds belonging to them released. The best option if the debtor believes he or she may be sued, is to remove themselves from the account to avoid the joint holder being penalized. If the debtor has received a civil summons or a judgment has already been awarded, then no action can be taken in regards to the account to prevent attachment by the judgment creditor.


Should you notify a creditor that your income is exempt from being garnished and inform your bank that your account may be 'frozen' due to a civil lawsuit?

Yes, it may or may not make an impact on the creditor's decision to pursue litigation, but it can do not harm. In the case of the bank, the bank can be notified that the account holds exempted funds, but it is the decision of the bank whether or not to comply with the judgment writ. If an account is joint or the funds in the account are questionable as to exemption or ownership, the bank generally request the court to 'freeze' the account and make rule on the validity of the judgment levy.


Can credit card companies garnish your wages in Minnesota?

Yes, although the creditor would need to follow the proper legal procedure which is usually a civil suit against the debtor in a court in the county where the debtor resides. If the lender is awarded a judgment the judgment can then be executed as a wage garnishment.


Can a creditor put a freeze on your bank account?

No. No creditor has the right to freeze a bank account - only the court has the right to do so. Now, if a bank account or any asset with value has been offered as security to the lender, then it is possible that the lender may seek a legal remedy to obtain the asset, however, that remedy is conducted through a civil suit. If the court finds the lender to be in the right, they will rule as judging against the defendant(s) and will provide legal recourse to the lender to obtain an appropriate settlement (but the lender still cannot freeze an account). A bank account can only be frozen by the court in which a suit has been filed against the account holder. The reason for this is to prevent the debtor from removing monies from the account, closing the account or transferring ownership of said account. Accounts that are allowed to be held as TBE by married couples cannot be levied if only one spouse is a debtor. (TBE accounts are not available in all US states and none are allowed in community property states).


Can you transfer a credit card to someone that has none?

No. Persons wishing to hold a CC must submit an application and be accepted by the issuer. Some CC issuers will allow a joint account holder to be added to an existing account or an authorized user. Be aware that such action can create numerous problems for the account holder. Authorized users are NOT held responsible for repayment by the creditor only the named account holder bears that responsiblility. That being the case a AU can charge items without fear of reprisal except from the account holder which often is decided in a civil suit in the court with jurisdiction. (Cases seen on Judge Judy and other such court TV are often that type of small claims suit.)

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How would one explain civil procedure rules?

The explanation of civil procedure rules is this, the serving of regulation of civil law and jurisdictions. The civil procedure rules are usually administered by the Federal Government.


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Arthur Engelmann has written: 'A history of continental civil procedure' -- subject(s): Civil procedure 'A history of continental civil procedure'


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James Harmon Chadbourn has written: 'Cases and materials on civil procedure' -- subject(s): Cases, Civil procedure 'Procedure portfolio' -- subject(s): Civil procedure, Forms


What has the author Richard H Field written?

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