I live in Mississippi. My husband had a judgement against him by Discover Card. In January, 2007, they took $547.05 from out joint account. (The money is still in there today, just showing unavailable.) I opened my own account in just my name with payment on demand to my husband. They won't let me close the old account. My husband's income is a disability check through the Railroad Retirement, which we now have coming in the mail instead of direct deposit. I take the check and deposit it into my account each month. I have two questions. First, if we change my husband's check to going direct deposit again, can they attach my account? Second, what happens to the old account when my husband dies? He is terminally ill, and not expected to live much longer.

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Originally Posted by donbur

I live in Mississippi. My husband had a judgement against him by Discover Card. In January, 2007, they took $547.05 from out joint account. (The money is still in there today, just showing unavailable.) I opened my own account in just my name with payment on demand to my husband. They won't let me close the old account. My husband's income is a disability check through the Railroad Retirement, which we now have coming in the mail instead of direct deposit. I take the check and deposit it into my account each month. I have two questions. First, if we change my husband's check to going direct deposit again, can they attatch my account? Second, what happens to the old account when my husband dies? He is terminally ill, and not expected to live much longer.

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You need to go to the bank and tell them. In the U.S. under Federal Laws. Federal government payments can not be garnished even with a court order. The only exception are Federal Taxes, Student loans, Child support and over payment from benefits.

I would go into the bank and nicely discuss this with a customer service rep. The bank should investigate this and release the funds within a couple of days. You husband may need to give you power of attorney to do this.

If this does not help or they refuse to work with you. Contact an attorney. Banks must follow the law.