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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34855
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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If I have credit card debt from before I was married, in my

Customer Question

If I have credit card debt from before I was married, in my name only, can they go after my joint bank account I now have with my spouse, even if all the income is from their social security and pension? I don't work and I live in Texas.
Submitted: 6 months ago.
Category: Legal
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone whocan. There may be a slight delay in myresponses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Have you been sued for the debt with the creditor getting a judgment against you?

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Are any of the funds in the account yours?

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thanks

Barrister

Customer: replied 6 months ago.
I missed the server and they are coming back tomorrow. I haven't worked in years and 100% of the funds are my spouses.
Expert:  Barrister replied 6 months ago.

Ok, then if they sue and get a judgment, they can seize any funds that your name is ***** ***** However, they would have to serve you with a notice of garnishment and then you could file a claim of exemption based on the fact that you are just on as a convenience, those funds aren't from income generated by you, and they come from an exempt source...

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But rather than jump through all those hoops to get your money back, it would be much easier to just remove your name from the account now, before all this happens..

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thanks

Barrister

Customer: replied 6 months ago.
Should I take my name off things like the cable bill and phone bill? I set up auto pay for us from our account but as you said, it was convenience for me to do the banking. My spouse is in bad health so I do all of that type of stuff. It will be a pain not having a debit card to grocery shop but I'll get by.