Is a credit card company allowed to garnish the wife's bank account for her husbands debt?

Answer 1

There are several potential scenarios here:

1. The credit card lender must have a judgment to send an order of garnishment, first and foremost. And, both parties must be listed in the order of judgment.
2. It is possible, if the agreement was signed at the time the credit line was initiated, for some credit card lenders, such as Chase for instance, to take money from an account at the same bank. If the husband and wife have a joint account, the money will be taken regardless of who deposited it.
3. If the bank account is a joint account and an order of garnishment is served, it will not matter who is on the account so long as the party upon whom the judgment is served is on the account.
4. It is possible that if the lender has proof that the husband is sheltering his funds in the wife's account, that a judge may permit an order of garnishment to be served on the wife's account, but only for the funds he deposits there.