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  1. #1
    Join Date
    Jun 2007
    Posts
    2

    Default Depositing Debtor's Checks Into Spouse's Account To Avoid Garnishment

    My husband and I have a joint checking acct that his check is directly deposited into and that acct finances all of our household bills.

    When it comes to credit accts such as credit cards, car loans and things like that, we keep totally seperate credit. Im responsible with paying my debt, he is not. It is my understanding that the 2 credit cards he has in his name have been sold. I imagine at some point he will be getting notice about a future judgement and possible freezing of the joint bank acct.


    If I were to open a checking acct in my name only, and deposit his checks in there, would that prevent them from getting ahold of it since it would be in my name only? My name is not on the debt that he owes.
    If his income is frozen in the bank,the mortgage cant be paid, groceries bought or anything else and though I don't condone him letting this situation get to where it is, I am worried about what will happen to my family when this money gets frozen/taken.

    Another question I have is... I have a individual savings acct, in my name only, at a different bank. Will this be protected since his name has never been on it?

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Future judgement question

    What is the name of your state, please. I was just wondering if you are in a community property state or not. Thanks.
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  3. #3
    Join Date
    Jun 2007
    Posts
    2

    Default Re: Future judgement question

    We live in PA.

    And I'm not sure if this matters but the savings acct in my name only was mine before we got married and we have never used it jointly.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,430

    Default Re: Future judgement question

    I can't predict the future, and I've seen courts grant garnishment orders which exceeded the law, requiring the account holder to go to court to seek relief. Generally speaing, if the creditor can establish that he has money in your account, despite its being in your name, I would expect that a court would permit them to seek to garnish funds from the shared account. Your entirely separate personal account should be safe from garnishment, as long as you don't start commingling his funds.

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