Garnishment on joint account
(East Carondelet, IL USA)
Our joint account is in MO but we live in IL and I a credit card company who froze both our joint accounts (checking & savings) but I make no deposits to either account but I do have access to them my husband puts all the money in the accounts. Can he file for injured spouse so the credit card company can't take all his money? My husband had no idea I had gotten a credit card.
Reply from DebtCollectionAnswers.com:
Lynn, we assume you have come clean with your husband on this. If you haven't, it's time to do that.
As far as your joint accounts go, it's really important for you to get some legal advice as soon as possible. Generally spouses can't be held liable for their spouse's individual debts unless they live in community property states. But the fact that you have joint accounts could create some hassles for you. We've received complaints about collectors who go after joint accounts that should be off limits.
What you can do is get a a free consultation with a bankruptcy attorney to find out what property you and your husband own may be at risk. It's a serious matter to have a judgment against you, and you want to make sure you get good advice about your options at this point.
The other thing you could do is contact a local consumer law attorney with experience in debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here. You can ask the attorney whether they are acting legally by freezing these accounts.
Good luck with this.
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