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kodiebear
Dec 5, 2009, 03:36 PM
I have been served by an atty for the a credit card company. The credit card was in my name only. Can they freeze a checking account with belonging to me and my husband?

ScottGem
Dec 5, 2009, 05:35 PM
Any assets that you have an ownership interest in, whether partial or full is subject to attachment.

XTC832
Dec 11, 2009, 10:47 PM
The judgment is for the bank account and once the bank receives a court order, they have to comply. The whole account gets frozen, not just your portion. Indirectly, your husband will be affected simply because his name is on the bank account. Bank account information is private, so creditors and courts generally don't know who's on an account, where the funds originate, etc. Unless you challenge the order, there's really no way to differentiate what money in the account is yours and what money is his. Debtors will sometimes challenge an order if there are exempt funds in an account or if a non-liable spouse would be affected. If the judgment hasn't taken effect yet, you and your husband can have his name removed from the account before litigation starts. Even if his name is not removed, he is free to go open up a new bank account elsewhere. He can then have his source of funds direct deposited into this new account. There's nothing illegal about that strategy, given the fact your husband has no legal obligation to the credit card company and only an indirect obligation where the court order is concerned. Good luck!