0
If you owe debt and you and your spouse have separate bank account can the debtor garnish wages from your spouse bank account?
Wiki User
∙ 15y ago
That depends on the nature of the debt and the laws of your state. You should seek the advice of an attorney to discuss your exposure.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Is a spouse responsible for debt incurred before the marriage?
No, not directly. Indirectly the non debtor spouse may find that he or she has a shared joint account levied or joint property encumbered by a judgment against the debtor spouse.
Can a bank account held soley by the non debtor spouse be levied for the debtor spouses debts if the couple reside in a non community property state?
If it can be proven that the debtor has funds going into the non debtors account then the amounts that are going into the non-debtors account that originally were funds belonging to the debtor can be levied.
Can a credit card debt garnish bank account joint husband and wife in Florida?
Florida is not a CP state, therefore if only one spouse is the debtor and the bank account is held as Tenancy By The Entirety it is theoretically not subject to levy. Please note, the non debtor must submit documentation of a TBE defense to the court. Exemption of such bank accounts is not "automatic" and requires a ruling by the court as to the status of the account(s).
Can a joint marital bank account be garnished?
Yes. The very rare exception is if the married couple reside in a state that allows the account to be held as Tenancy By The Entirety and only one spouse is the debtor.
Can they garnish your pay check because your spouse is indebt?
Washington State, Can they garnish my pay check because my spouse wages are being garnished to pay off a credit card debt.
Can collectors garnish money from my spouse's bank account if i am not on the account?
They can if he/she is on the collections account.
Can creditors garnish joint savings accounts if one party on the account is not named in lawsuit?
In most states, creditors can garnish any account joint or not as long as the person they are trying to collect from is on that account. Sorry. The non debtor account holder should supply proof of the amount of funds held in the account that belongs to them. The court will then decide which funds are subject to levy. An exception to the levy of joint accounts is if the account is held by a married couple in a state that recognizes Tenancy By The Entirety of personal property, in such a case, the account cannot be levied when only one spouse is the debtor.
Is a spouse responsible for debt incurred before the marriage?
No, not directly. Indirectly the non debtor spouse may find that he or she has a shared joint account levied or joint property encumbered by a judgment against the debtor spouse.
Can a bank account held soley by the non debtor spouse be levied for the debtor spouses debts if the couple reside in a non community property state?
If it can be proven that the debtor has funds going into the non debtors account then the amounts that are going into the non-debtors account that originally were funds belonging to the debtor can be levied.
Can a credit card debt garnish bank account joint husband and wife in Florida?
Florida is not a CP state, therefore if only one spouse is the debtor and the bank account is held as Tenancy By The Entirety it is theoretically not subject to levy. Please note, the non debtor must submit documentation of a TBE defense to the court. Exemption of such bank accounts is not "automatic" and requires a ruling by the court as to the status of the account(s).
Is it legal to garnish a spouse's individual account if they don't owe the money?
yes actually it is legal to do soAdditional: To garnish an account must be done through the courts. If the court can be convinced that the account is liable, the court will issue the order - thereforew it is legal.
Can a joint bank account be levied by a judgment creditor when only one account holder is the debtor?
Yes. Usually when a joint account is garnished by a judgment order and only one person on the account is the debtor, the court will 'freeze' the account and the non debtor account holder will need to submit proof of the amount of funds in the account that belongs to them. An exception could be,if the account is held by a married couple as Tenancy By The Entirety and only one spouse is the debtor.
Is it legal to garnish someones bank account for a balance due on a repossed car even though the bank account is in the other spouses name and did not even know her husband when the car was repossesed?
Yes, it is legal to garnish a joint marital bank account for a debt incurred by a spouse before marriage with a few exceptions. The first would be if the couple live in a state where a marital account is considered held as Tenancy By The Entirety, if that is the case the account cannot be levied when only one spouse is the debtor. In states that do not allow TBE accounts, the non-debtor spouse would have to file a motion with the court to have the percentage of funds belonging to them released. If the couple reside in a community property state the funds in the account are considered equally owned and the entire amount is subject to levy, regardless of the circumstances surrounding the debt owed. The levying of bank accounts in CP states is the way judgment creditors get around the issue of pre-marital debts not being allowed to be executed against joint marital property.
Can a bank account held solely by the non debtor spouse be garnished for the debtor spouse's debts if the couple reside in a community property state?
In all likelihood it would be possible. In community property states a married couple own all property obtained during the marriage equally (with the exception of inheritances). Likewise, they owe all debts incurred during the marriage equally regardless of which spouse is the account holder. In most cases that would allow a creditor to levy a bank account that is held solely by the non debtor spouse. Texas and Wisconsin are not "true" community property states as they treat marital debt in a different manner than do all other CP states.
Can a creditor freeze bank accounts in New Jersey?
A judgment creditor can levy a bank account(s) held by the judgment debtor. An account can be frozen by the court when it appears that funds might be removed and/or transferred to avoid the judgment levy or to allow the judgment debtor to claim exempted funds in the account(S) or when the account is jointly held by a person who is not a judgment debtor. A joint account holder who is not a judgment debtor is required to present documents proving to the court the amount of funds that belong to them and which are not subject to a judgment levy. In some instances when an account is held jointly by a married couple and only one spouse is the named debtor the entire account will be exempted from a judgment creditor levy.
Can a joint marital bank account be garnished?
Yes. The very rare exception is if the married couple reside in a state that allows the account to be held as Tenancy By The Entirety and only one spouse is the debtor.
Does Arkansas law allow checking account garnishment?
Yes, Arkansas law allows for garnishment of a checking account. A judgment creditor can obtain a writ of garnishment to collect a debt from a debtor's bank account in Arkansas. However, certain exemptions apply, and the amount that can be garnished is limited.
