[pejubb]

The bank received a garnishment for my husband for credit card debt that is 7 years old and took all money that was in our joint accout. Can they legaly take everything that is in our account we live in non community state and I have my own direct deposit that goes into the account I am the main person on the bank account. I was never on the credit card. What is the percentage the collection agency can take from a judgement in Oregon

[margog85]

When you open a joint account, the funds in the account are considered to be held equally by both you and your joint account holder. I believe the verbage is something along the lines of 'both account holders have equal rights and equal access to the funds in a joint account'. As such, all the money in the account is his just as much as all the money in the account is yours. It would be too difficult to monitor who deposits what, whose checks make up the balance of the account, who spent what money out of the account... if that were to be done, you may as well have individual accounts.
So, your money is his money is your money. And if his money is a creditors money... well, you see where this goes.
Being listed as the primary on a joint account only has relevance when it comes to taxes. If you earn enough interest on the account to be issued a 1099-INT at the end of the year, it'll be in your name as the primary. Other than that, they can legally take any money in an account that has your husbands name associated with it if he owes them money.