Levy on non-joint account

It would depend on your states laws. In most states the answer is yes!

I reside in the state of SD as does my husband

How do I know if SD law allows this?

Dont see how a creditor can touch someone elses account even with the direct deposit. Op says hubby has no priveleges, just the deposit. How would they know that he isnt getting a check and cashing it a wally world? They cant go checking an account that isnt part of the levy.

I am new here so could you please explain what you mean by " Op says hubby has no priveleges, just the deposit"?

Jenn...you said that the account is your name only....no signing priveleges.

Correct, he is not on the account. But in doing some research online somewhere it stated that they can identify (not sure how) what account his funds are being deposited into and put a hold on the funds even is he is not a signer on the account. I'm just curious if this is true.

He has changed his direct deposit to paper check just in case, but it tends to be a pain since he gets paid every other Friday and sometimes the check doesn't arrive at his office until the following Monday...then he has to take it somewhere to cash it and pay a fee.

Chardanams post deleted - why would you say those things?

Please keep your opinions to yourself. -ND

I would say that her marriage is none of your business. My personal opinion is that she is doing what any good wife should be doing. When you get married, its all the same. It all goes to pay the bills.

Thanks for the information. However, your reply is based on assumptions of how my husband and I are handling our finances. First off we are in the process of filing chapter 13 bankruptcy. And as I am sure you know this is a lengthy process and can take some time. The judgment was approved prior to our filing. Therefore we are trying to protect our assets (more specifically our paychecks to feed our family) until our chapter 13 payment plan is in full swing. We are, by no means trying to dodge the creditors nor are we trying to hide behind one-another. I would appreciate that if you plan on giving advice such as "She can get herself into deep trouble" please provide the facts of what the "deep trouble" is. If you have no facts than I believe the advice you term as ???good??? is an based only on assumptions of what our situation is.

Post edited - ND

They are already garnishing his wages so we are not "circumventing the law", as you indicate. They are getting 20% of his paycheck already. I do not feel that we should go without money for rent, utilities or food because these loan sharks deserve all of our money. And to clear up another misassumption on your part, this debt that is my husband name was taken out to pay for our families needs therefore I am just as much responsible as he is. He is not hiding behind me and I am not letting him. As sassy lil brandy stated "When you get married, it???s all the same. It all goes to pay the bills." And that is a very accurate statement.

Since you have added nothing to the topic at hand, I am editing out your comments - ND

We are not "hiding" anything. This creditor is listed in our creditors for bankruptcy but since it will not be officially filed until approximately June 15th the creditor can continue to garnish until our attorney requests a stop on the garnishment. And as everyone knows, nothing happens with a bankruptcy until the retainer fee is paid which will be paid tomorrow. All we are doing is protecting our money until the garnishment is stopped for bankruptcy. I am not sure where you get off calming that we are hiding things. There are MILLIONS of people who receive paper checks and have no bank accounts but have their wages garnished???are they too circumventing the law also? To the creditors knowledge (and it accurate knowledge) my husband does not have a bank account, I do. He gives me cash to pay for his portion of our bills. I guess I do not understand why that seems to be ???illegal??? in your eyes.
B T W, the creditor has not even filed for a levy on my account I was simply asking if it is possible for them to if he is not a signer on the account. I am worried about MY paycheck that IS direct deposited being taken.

Ok...chardanam....don't add me to your post and make me out to be on your side.

I don't believe in being rude to people and scaring them.

Jenn4607....I think you are doing what you need to do to keep your family afloat. These are tuff times for a lot of folks. Sometimes we have to do things we don't want to do when we are faced with taking care of our families.

I think you should show a little more compassion instead of being so harsh.

I edited out her posts - when you bring nothing to the table, there's no point wasting the space on the server

Thank you!!!!

I was wondering when someone was going to come along and take care of this jerk.

Well I deleted her first post because it was full of BS based on her sense of morals (like she has any) and thought that was the end of it.

Thanks for the support and reassurance! Much appreciate everyone!