Wife's Savings Account

[sanou]

My question involves judgment recovery in the State of: New york

Hello,
I live in NewYork and there was a judgment against me. If i do not have any money in my bank account can they go after my wife's savings account or 401 K? Her savings account is under her maiden name only.
If i have kids can they go after their accounts?

Thank you for your help.

[Betty3]

They can't go after your children's accts. as long as they aren't jt. accts. with your name on them.

Since N.Y. is not a community property state, your wife is not responsible for your debts. They can't go after your wife's income/assets in her name only.

There is a "doctrine of necessaries" (that can apply even in non-community property states) that can make a spouse responsible for certain debts of the other spouse. However, in N.Y. this mainly applies to medical debts & then only in certain situations/circumstances.

Your wife & children's accts. should be ok. (safe) The normal procedure in a non-community property state is to go after your non-exempt income/assets & any non-exempt joint income/assets that have your name on them also.

[sanou]

Thank you for your prompt answer. It was very helpful.
Now i was wondering if they can come after my car or my work van they are both worth less than a $1000.
What about computers and cameras? can they suspend my drivers license?

Thankk you very much

[Betty3]

Per the US Chamber of Commerce, these are the post judgment asset exemptions in NY re personal property (personal property assets they cannot "seize")

Personal Property: Bible. Schoolbooks. Books up to $50. Pictures. Clothing. Church pew or seat. Stoves with fuel to last 60 days. Sewing machine. Domestic animal with food to last 60 days up to $450. Food to last 60 days. Furniture. Refrigerator. TV. Radio. Wedding ring. Watch to $35. Crockery. Cooking utensils and tableware needed. Burial plot without structure to 1/4-acre. Cash, the lesser of either $2,500 or an amount, that, with annuity, totals $5,000 in lieu of homestead. Health aids including animals with food. Lost earnings recoveries needed for support. Motor vehicle up to $2,400. Personal injury recoveries up to $7,500 (not to include pain and suffering). Security deposits to landlord. Utility company trust fund principal and 90% of income. Wrongful death recoveries for death of person who supported you, to the extent needed for support.

Regarding the suspension of your driver's license - possibly -- it depends. Usually it's only done sometimes when the judgment is a personal injury judgment due to an accident.

If you don't mind saying & just to have the information in your thread, what was the judgment for (what type of debt did you owe)? Thanks.