Bank Levy California
Date: Fri, 08/21/2009 - 15:15
A creditor got Writ Of Execution on a judgement. I am married but the Writ, Judgement nor credit card included my Wife. It was not a joint account.
We opened an account under her name only.
Will that protect our deposits?
Could I open an account in a different state? Would that protect me from a Levy?
What if I open it in a different state but they have a local branch?
Thank you for your help!!!!
Even though your name is not on the account, if the account was
Even though your name is not on the account, if the account was opened after you were married, I believe that it could be levied becaause California is a community property state. If I am wrong, I am sure that someone will correct me. I believe that they can go to a bank in another state, if they have your account info. And if there is a local branch of an out of state bank, then it would be fair game. I am not sure of any way that you could protect your bank accounts in California.
Although California is definately a community property state, I
Although California is definately a community property state, I would like to throw this out: what if the husband's SSN was not on the account, since it's only in his wife's name? My point is if the SSN is not there, wouldn't it be harder for the creditor to levy the account?
no, ks--thats the whole purpose behind community property--no ma
no, ks--thats the whole purpose behind community property--no matter which SSN is on the account it is something that they are both equally responsible for. As long as the debt originated during the time they were married, then they are within the law to go after his money whether his SSN is on it or not.
How can I verify this info? Are there attorneys or services tha
How can I verify this info? Are there attorneys or services that could help with this? Other than BK?
California is a community property state. It is pretty simple.
California is a community property state. It is pretty simple. The laws are set up, as skydivr said so that both of you are equally responsible. Bankruptcy is the only legal solution that I know of, and you may find that if you have a lot of assets or property, that will not be so easy either.
I was told, through some of my own problems, that if an account
I was told, through some of my own problems, that if an account includes some other person, not responsible for the debt, they cannot take from the account. For example if your wife were to add a parent, child, or friend. I would definitely verify this but its one angle to explore. I wish you the best of luck.