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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 39436
Experience:  30 years as a family law lawyer .
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There is a judgement against my wife, our bank operates out

Customer Question

There is a judgement against my wife, our bank operates out of Penselvania and Utah which are not comunity property states. We both have accounts at the bank but my account is seperate. Can they attach my account, there is no judgement against me.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

The fact that CA is a community property state may mean that debts of your wife incurred during marriage are deemed your debts as well. However, unless the judgment was against you personally, then your personal accounts, in your name only and not containing either the name or social security number of your wife are immune from levy based on a judgment against only her, personally.

Your account and funds in that personal account are not capable of being attached by the present judgment against your wife.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
Thank you, ***** ***** was told the law was changed in 2013 that they could attach the spouses account even if under my own name.
Expert:  LawTalk replied 1 year ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Expert:  RayAnswers replied 1 year ago.

Hi Ray a new expert here.I don't disagree with the prior expert to a degree.The creditor here would have to show that this is community debt or that funds in your name are community funds.

That said it is foolhardy to keep your funds in the same bank.I have seen many occasions where a bank wrongfully takes funds but you spend a fortune on legal fees trying to get them back.You need to move your account here.It is possible when you opened the account there was language in the account application that they can try to take funds in the same bank.

I am not at all sure legally they could prevail but this could cause you an amazing amount of hassle and legal fees. I would try to relocate the account, put distance between the two of you.That way it would be very hard for them to try , they would have to return to court and argue it was community.

I have seen many situations where a bank levies and you are is such a bind even though you might ultimately prevail.You just want to move the account.If you have to do this over time try to lower the balance and gradually pay from the new account.And then close the one in your wife's bank.

I appreciate the chance to help here.Please let me know if you have more follow up.

http://www.lacba.org/files/lal/vol36no5/3061.pdf

Expert:  RayAnswers replied 1 year ago.

A second reference.You want to move it here, otherwise it is at risk to being garnished even if it was separate property.And even if you can show it should not be touched getting it back can be costly and time consuming especially if they take all your funds.

Thanks again.