My husband has a judgement on his credit report and the debt collector has frozen our joint account. If the debt is in his name only and I am a joint holder on the account and have money going into it, can they legally freeze the account and take my money also to pay his debt? The debt is not to our bank, it was a CC in my husbands name from quite a few years ago. I was not on the CC so it is specifically in his name. I didn't think they could take my money to pay his debt.

Welcome to AMHD. What state?

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Originally Posted by nycwgrl77

My husband has a judgement on his credit report and the debt collector has frozen our joint account. If the debt is in his name only and I am a joint holder on the account and have money going into it, can they legally freeze the account and take my money also to pay his debt? The debt is not to our bank, it was a CC in my husbands name from quite a few years ago. I was not on the CC so it is specifically in his name. I didn't think they could take my money to pay his debt.

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The judgement is in VA. My husband recently got out of the military so we are living in NY now. The judgement went through after we moved.

With the judgement they can attach any account that he is a joint owner of. If you can prove that deposits from from you alone, you might be able to get them back.

Ok. Now, with us getting our rebate check soon, what will happen to that since both our names are on that right along with both our socials. We filed married filing jointly. Since we had our tax return DD into the frozen account(before it got frozen) our stimulus check will be too.

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Originally Posted by nycwgrl77

The judgement is in VA. My husband recently got out of the military so we are living in NY now. The judgement went through after we moved.

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The judgment is in VA and you live in NY. Is the bank an interstate bank? Have your received a copy of summons, notice, affidavit, or answer? If so, what court is it issued from (VA or NY)?

Yes any money that goes into that bank account will automatically be frozen.

You as the "injured spouse" have to file a motion in court that did the attachment ( garnishment) of the bank account to have your funds unfrozen. If not done within a certain time limit those frozen funds will be paid to the person requesting them.