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joint account judgement proof?

Date: Sun, 01/30/2011 - 12:39

Submitted by anonymous
on Sun, 01/30/2011 - 12:39

Posts: 202330 Credits: [Donate]

Total Replies: 2


I am 100% disabled which is a permanent condition. I have a bank account where my veteran's disability check along with my social security disability check and a private pay insurance disability are automatically deposited monthly. My wife is a joint owner of the account as she has full power of attorney to handle ALL of my financial matters. She is currently being pressured to pay a bill to a debt collection agency that she says she does not owe. understand that my income is jiudgement proof. But, ki am wondering if my account can be frozen by a court order since it is a joint account? And, if so, how can I ensure that they won't be able to do this while still allowing mt wife to take care of our financial duties since I am unable to do it myself?


whether your account can be frozen depends on your state laws. in some states the account will not be frozen at all if the bank knows there are exempt funds in the account. others will freeze the account and let you sort it out the collection agency. still, in some of the latter states certain banks will still not levy the funds if they know there to be exempt monies. bottom line though is that any account that her social security number and name are attached to are subject to levy if allowed otherwise by state law.


lrhall41

Submitted by anonymous on Sun, 01/30/2011 - 19:05

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If she is sued she will need to show the judge that she holds a POA on your accounts and that her name is listed on it for those reasons and that the only funds in that account are your exempt funds. This will allow the judge to make sure THAT account is not levied. They can NOT levy or garnish without a court order, so that will allow her to show proof to the judge about this account.


lrhall41

Submitted by anonymous on Mon, 01/31/2011 - 05:45

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