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diantelope
Jan 15, 2008, 10:01 PM
I have a 7 year old credit card debt - purchased by Elite Recovery - I sent them a letter saying they were trying to collect on a time-barred debt. They obviously got a judgement because today, they emptied my joint savings account (not enough money in the joint checking account). According to the bank, the order was only good for today - and have to be served again to remove more money. In the meantime, I contacted Elite to make payment arrangements - a 3,000 debt now blossomed to $8500. I requested terms in writing. I don't think there's anything I can do to Elite - I am unemployed, don't own any assets. My question is - can they touch my husband's business account - it's in his name.

Fastfun1
Jan 26, 2008, 07:09 AM
Assuming your husband is not a joint holder of the debt, the collection agency should not be able to use his business account as recourse. However, I am concerned as to how your husband's operating agreement is written, more specifically, who it contains. On all business accounts, banks retain a copy of the operating agreement to determine who can legally conduct financial transactions on the business' behalf. If your are on the operating agreement, and therefore a partial owner of the business, the collection agency may be able to find recourse in the account.

loving granddaughter
Feb 24, 2008, 01:08 PM
We had a debt that was with one credit card and sold to another company. It went past the seven years and they finally took us to court and got a judgement and they garnished my husbands pay since it was in his name. They never went after our checking account money.

s_cianci
Feb 24, 2008, 01:13 PM
If the debt is yours solely and the account is in his name solely, then no.