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If your dad passed away and you were a card holder on his credit card account is it legal for them to have a judgment against you?
Wiki User
∙ 18y ago
I believe it depends on whether it was a joint account or whether you were an authorized user. If the account is in your father's name only and you were authorized to use the card, I don't think anyone can come after you. However, if your name appears on the account with your father's as a joint holder, you could be liable for the balance. Make sure to find out whether it's the actual credit lending company coming after you or a debt collector to whom they've sold the debt. Debt collectors can be notoriously unscrupulous and have been known to ignore the law. You can get a free initial consultation with most attorneys. Choose one who specializes in this area and find out what your legal recourse is.
Wiki User
∙ 18y ago
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Can a credit card issuer access a personal checking account to pay an account that has been written off?
If there is a valid judgment against the account holder, the judgment creditor can levy the bank account to recover the monies owed according to the terms of the judgment and the laws of the state in which the account is held.
If the original credit card issuer sells a defaulted account can the purchaser of that account obtain a judgment against the debtor account holder?
Yes. Once an account has been sold it becomes the property of the collector/collection agency that buys it. The collector can then file suit against the account holder debtor for the amount owed and if a judgment is awarded against the debtor it can be enforced in whatever way allowed under the laws of the debtor's state to collect the debt that is owed.
How do you know if a levy was placed on your bank account?
The bank should notify the account holder that the account has been levied by a judgment holder. Also, the account holder/judgment debtor should have received a final notice of judgment citing the action the judgment creditor is taking.
Can a judgment against you freeze your bank account in Pennsylvania?
The judgment holder will have to enforce the judgment. He/she will get leave of court to conduct a citation to discover assets, where they will grill the bank account holder on his/her assets. At some point down the line, the court can freeze the assets or order them turned over.
When a judgment has been made against a person will this affect checking or savings accounts in Michigan?
A writ of judgment can be used to levy a checking or savings account that belongs to the debtor. Joint accounts can be partially protected but the other account holder must file the proper documents with the court where the judgment was granted. The bank has no obligation to notify the account holder(s) that the account has been levied. The account holder(s) should remove funds and close the account if at all possible. This can only be done BEFORE the judgment has been executed.
What is a bank account levy?
A bank account levy is one method for a judgment creditor to recover monies owed for a debt. The judgment holder files the writ of judgment with the clerk of the court where the judgment was entered against the judgment debtor as bank account levy. I If the judgment is allowed to be executed, the sheriff will serve the writ for levy (garnishment) of the debtor's account on the bank where the account is held. The bank can either honor the writ and release the funds up to the maximum of the judgment or request the court to "freeze" the account and decide whether or not the judgment writ is valid. When an account is joint and only one account holder is the judgment debtor, the bank will usually request the account to be frozen. It then becomes the responsibility of the non debtor account holder to provide documentation to the court proving the amount of funds belonging to them.
Can a judge in Ohio order your bank in Texas to levy your account?
Under the full faith and credit law the judgment creditor (holder) can obtain an exemplified copy of the judgment from the clerk of the court in the district where the judgment was awarded.The judgment holder then sends the document(s) to the clerk of the court's office in the county/city and state where the judgment debtor resides. The judgment will then be executed in the manner stated, (garnishment, lien, bank account levy, etc.).Texas does allow bank account levies by judgment creditors. Therefore, a Texas magistrate will sign the "foreign" judgment and canorder it enforced as a bank account levy.
Is an additional credit card holder liable for the whole debt on the credit card account?
ia an additional credit card holder liable for the whole debt of the credit card account
If you don't pay a credit card bill does the company have to get a judgment before freezing your account?
I don't think so. They are not required to keep lending the card holder money if the card holder stops paying it back.
What does restrained bank account mean?
When a bank account is RESTRAINED it means that the bank has put a "freeze" on the account and no funds may be withdrawn by anyone. Usually this is the result of some party with a judgment against the account holder who --by virtue of their judgment obtained in court-- has the right to go after any assets of the account holder. While RESTRAINED, all funds remain at the bank (minus any bank fees the bank may charge for having to process the Restraining Order). Ultimately the funds will meet one of the following fates: After a year, the Restraining Notice will expire (but a new can be issued quickly); or the account holder will sign over all or part of the funds in the account to whomever holds the judgment against them, and the account will be "normal" again after that; or if the account holder refuses to release any funds the judgment holder can send the local Sheriff or Marshall in to seize the funds, after which the account again returns to "normal" status but at that point the account is no longer considered RESTRAINED it is said to have been levied.
Can a New Jersey joint bank account be levied against by a judgment creditor when only one account holder is the debtor?
Yes, joint accounts are subject to judgment levy. The non-debtor account holder must present documentation to the court as to the percentage of funds that belong to them to avoid having their monies seized by the judgment creditor. Generally, the court will freeze the account until a decision is made concerning which monies are subject to levy.
Is a secondary credit card holder resposible for debt?
Depends on what "Type" of Credit Holder you are. Here is how that will go: If you are what is known as an authorized user on the account. (i.e. - The Primary account holder has given you permission to make charges on the account), the answer is No. The primary account holder is responsible for any charges he/she has allowed you to make on the account. If you are a Secondary account holder (i.e. -your name was put on the account APPLICATION at the time the card was applied for), then your answer is YES. If the Primary account holder defaults on the account, then the credit card company will turn to try and collect from the Secondary account holder. BEWARE of becoming a secondary holder on anything that has to do with credit. If you know that the Primary holder may default, you could get stuck with a huge amount of debt on your hands, and if you can't pay, your nice credit score of 783 could very quickly go down the drain to 535 or lower.
