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Can my joint bank account be frozen in order to collect for a credit card debt?
Anonymous1 views3 answers
My husband and i have a joint accoung, and the lady from the legar department tells me to pay the debt in full in 30 days or ill be sent to court. I dont work, but my husband is willing to help me with the minimum payments. She is not giving me any brakes, she just wants the money. Can my account be frozen to get the money?
Richard S. JaffeCar / Auto Accident LawyerNew Hyde Park, NY ·
The direct answer to your question is, yes, the account can be garnished even if only one of the two account owners is a named defendant in the debt collection lawsuit.
While your joint bank account would be frozen if the creditor gets a judgment against you, it is important to remember that any bank account your husband has on his own cannot be frozen unless he is a named party in the lawsuit.
If you are in danger of having a joint account frozen, one strategy is to make sure at least the minimum amount you would need for rent and other necessities is in a bank account solely in your husband's name in case this creditor gets a judgment against you.
A joint account can be restrained but no money can be removed if only one of the account holders is the judgment-debtor.
A court Order is required to determine how much, if any, of the restrained account belongs to the judgment-debtor and is subject to levy.
The minimum on deposit to even restrain the account is $2,500.00.
