Can a collection company place a freeze on your checking account, it there is more then just yourself on it? Do they need a jusgement before they can garnish wages? And third can they make a spouse cash in there 401k if they were never liabale for this debt? I am in Minnesota if that helps.

Hello Cb

In order to have a freeze on your checking account there has to a judgement and yes it doesn't matter if it is more than one name on the account The judgement can cause wages to be garnshed and accounts attached as far as 401 K goes if the collection company is telling you to have your spouse cash in their 401k that is a scare tactic they are using

As noted, to attach ANY asset a judgement has to be awarded. Once awarded they can attach any cash asset you are a joint tenant on. They cannot touch a 401K even if its yours. They can't SUGGEST that your wife cash in her 401K to pay your debts, but don't do it!

Spouce can file a third party claim against anything in both names. This will cause a hearing to be set and if the spouce can prove the funds belong to them and they are not party to the judgment the court will have to release them.