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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38166
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have a writ of execution against me from a credit card and

Customer Question

I have a writ of execution against me from a credit card and they froze all my accounts even though my husbands on my account. Are they allowed to do that we talk to another bank that we have and they said if he's on the account the bank can't freeze the accounts
Submitted: 5 months ago.
Category: Legal
Expert:  Barrister replied 5 months ago.

Hello again,

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In Pennsylvania, if you lost a lawsuit, a bank account garnishment cannot be commenced against a spousal joint bank account unless the creditor obtains a judgment against both spouses (very rare in credit card cases). If your spouse was just on the account as a signer, but not a joint owner, then they could come after it.

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To repeat, spousal joint accounts are protected from garnishments unless the creditor is able to obtain a judgment against both spouses. On the other hand, a joint account with someone who is not your spouse can be garnished (only after a judgment is entered).

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So if you are saying that bank statements come each month listing both of you are owners on the account, not that husband is just a signer on the account, then those funds would be exempt and you can claim that exemption by responding to the freeze notice that it is a spousal joint account and therefore exempt from garnishment.

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thanks

Barrister

Customer: replied 5 months ago.
I have no idea how to fill out that paper what do I do
Customer: replied 5 months ago.
What is a signer on account mean
Customer: replied 5 months ago.
The lawyer sent bank paperwork to fill out about my accounts and I had to give marriage certificate saying we were marrieds and have account together. Do I have to go to court?
Expert:  Barrister replied 5 months ago.

The lawyer sent bank paperwork to fill out about my accounts and I had to give marriage certificate saying we were marrieds and have account together. Do I have to go to court?

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If you provided proof you were married and completed the paperwork and sent it back, then that should be all that is necessary to get the hold on the account released. Contact the bank and make sure that they received copies of that paperwork so they are aware it is a joint account and is exempt so they can release the hold on it.

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And being a signer means that you have given someone else the authority to write checks on your account, but they aren't a legal owner of it with you. Joint ownership is when you set up the account together with both names on it or add spouse to it later as a co-owner.