Found an issue on this page? Let us know and we will look into it as soon as possible.
In PA, are spouse’s assets at risk if other spouse is sued over credit card debt?
Anonymous3 views2 answers
Under Pennsylvania law, if one spouse is sued for credit card debt (card not co-signed), are joint bank accounts and assets in BOTH the husband’s and wife’s names “fair game” or not? I’ve seen the same question asked over and over here and the answers seem contradictory. Is a person immune from this type of lawsuit if both spouses’ names are on accounts, deeds, etc.?
Edward G. PuhlBanking Law AttorneyGettysburg, PA ·
In Pennsylvania, the general rule is a creditor of one spouse cannot reach assets that are co-owned with the other spouse. There are a few exceptions that probably don't apply in your case, so I won't get into them here and risk confusing matters.
If the credit card account is in the name of just one spouse, the credit card company cannot reach joint accounts, jointly-owned real estate, cars, etc.
Assuming PA is NOT a community property state, assets held as husband and wife or by the wife only cannot be attacked or attached by creditors of the husband only. CAVEAT on bank and financial accounts: these still may be garnished, shifting the burden to the spouse of the judgment debtor to come to court and prove that the funds in the account were not put there by the judgment debtor. Also think about from what accounts the creditor was paid before the account went bad. Those are the accounts it will seek to garnish. Therefore, if the social security number of the judgment debtor is attached to ANY account in that particular institution, a garnishment will freeze it. I'd get the judgment debtor of MY account, if that were the case!!! It also helps for the judgment debtor to open new accounts in a DIFFERENT depository institution.