Took Money From My Account For Husband's Debt

by sonia
(king of prussia,pa,usa)

I'm primary holder of account with my husband's name. I found out after trying to get gas coming home from my therapy appointment. I called to see what was wrong cause i had deposited my disability money that i had received for 2 and half month's being out. They took it all. I called my husband and he didn't know anything about a court action, plus he has his own account.

I have proof from the insurance company it's my money. I went on TransUnion to find this had gone to court in 2007 and judgment made then. They didn't try to attach my husbands personal account or wages in all this time, but went after my account yesterday because his name is on it. And not his. They had to have known about his personal account if they knew he was on mine.

What can i do? My husband has to take care of this himself but i don't want to be penalized for him and his ex wife who is apparently on the auto loan which this is for.

Reply from

If your husband's name is on the account as a joint account holder, then the money in that account is his just as much as it is yours. Judgment creditors may well have the right to those funds, and they probably do not have to go after his own account first.

The more relevant question is really whether your disability payments are exempt - or protected - from creditors. If so, then you may be able to get this reversed.

This is a situation where you really do need to talk with a consumer law attorney. If you can't afford one, find out if there is a legal aid office in your area that can help. A bankruptcy attorney should also know your rights here and they may offer a free consultation.

Good luck - hope you are able to get this straightened out.

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