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    alana1234's Avatar
    alana1234 Posts: 5, Reputation: 1
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    #1

    May 12, 2009, 02:14 PM
    Can my bank account be garnished? Or Levied?
    I am being sued by a credit card company. I am currently unemployed. I receive no money or benefits. I have a bank account with my husband. Once I am sued, can they take money out of my bank account even if my husbands name is not on this credit card, but we do share a bank account.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    May 12, 2009, 04:39 PM
    Yes they will attach your joint account, suggest your husband get his own account now.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 12, 2009, 05:57 PM

    Yes they may freeze your joint account, then your partner will have to prove what of the funds are his.
    alana1234's Avatar
    alana1234 Posts: 5, Reputation: 1
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    #4

    May 14, 2009, 12:07 PM
    Quote Originally Posted by mr.yet View Post
    Yes they will attach your joint account, suggest your husband get his own account now.
    Thanks so much for your advice. I submitted another question if you would not mind answering that one if you know it.
    alana1234's Avatar
    alana1234 Posts: 5, Reputation: 1
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    #5

    May 14, 2009, 12:12 PM
    Quote Originally Posted by Fr_Chuck View Post
    Yes they may freeze your joint account, then your partner will have to prove what of the funds are his.
    Thanks so much, I submitted one more question if you know the answer to that one.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    May 14, 2009, 12:30 PM

    Actually in NY joint funds are considered to belong 100% to each party. There is no sorting out which funds belong to each person. The Court is not going to decide that party #1 put in $X but that was spent on the electric bill, for example, instead of using the funds deposited by party #2.

    As I said, in NY if it is joint it belongs 100% to each of us.
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