Levy quesion please.

[MORA7620]

Hi all,
First post I Have valid judgement (Medical bills) and court order to levy my checking account(s). just today I've received letter from my bank stating that, We recently received the enclosed Writ of Execution, which enforces a judgment against you. as a result, Fed or State law required us to place a hold on your account(s). My personal checking account is joint with my husband, and my husband has his own business checking account which dose not include my name with his account, my question is, can they place a hold on my husband business checking account and effects him ? We live in California.
any input welcome, Thank you in advance.

[Trish]

Yes, unfortunately they can put a hold on your joint account.......even if your dh is not involved in the judgment.

My advice would be to call and speak with the law firm that was awarded the judgment and see if you can make payment arrangements with them. They have the power to lift the freeze. If you can make arrangements for monthly payments, they should be able to work with you without draining your bank account.

[MORA7620]

Originally Posted by Trish

Yes, unfortunately they can put a hold on your joint account.......even if your dh is not involved in the judgment.

My advice would be to call and speak with the law firm that was awarded the judgment and see if you can make payment arrangements with them. They have the power to lift the freeze. If you can make arrangements for monthly payments, they should be able to work with you without draining your bank account.

Thank you trish for reply, just i want to clear one thing, my husband has his own account it is not joint can they drain his checking account even the judgment shows my name only and my SSN. The only joint account we have is the personal. please advice me again.

[Trish]

Originally Posted by MORA7620

Thank you trish for reply, just i want to clear one thing, my husband has his own account it is not joint can they drain his checking account even the judgment shows my name only and my SSN. The only joint account we have is the personal. please advice me again.

I believe that if the judgment is only in your name......that they can only freeze your bank account. I'm going to see if I can find out for sure.

[Trish]

Ok, I am still looking but from what I'm understanding........if you live in a community property state (which I think California is) then they can also go after your spouse's assets/bank accounts......even if your name is not on them.

[jjgross]

Originally Posted by Trish

Ok, I am still looking but from what I'm understanding........if you live in a community property state (which I think California is) then they can also go after your spouse's assets/bank accounts......even if your name is not on them.

Also if the business account is for business then a whole different batch of law's come into effect.Is you wife's name on the business,is she part of the corp,can she write a business check in case your disabled etc.I would think about getting legal advice.

[MORA7620]

Originally Posted by jjgross

Also if the business account is for business then a whole different batch of law's come into effect.Is you wife's name on the business,is she part of the corp,can she write a business check in case your disabled etc.I would think about getting legal advice.

jjgross. I don't have my name on the business I don't even write any checks I have nothing to do with my husband business . the only joint account we have is personal checking.
one more question let say if they will go after my husband are they going to sue him first or what ?

[Trish]

Mora, I asked a good friend that has quite a bit of knowledge with this.......and what they could tell me is that if it is a corporation......and the account is in the corporation's name, then it might be safe.

I do think in this particular situation.......that you may want to consult a good consumer atty and ask their advice on how to protect his business account.

You may even be able to just make a few phone calls and see if anyone is willing to give you some advice over the phone. If they're not willing to do that without a consult.......then you can always contact your local bar association and they can find you good legal advice at a lesser cost.......maybe even free.

Sorry I couldn't be more help.

I do also think that contacting the atty that put the freeze on your account might be an option if you can work out monthly payments.

[jjgross]

Originally Posted by MORA7620

jjgross. I don't have my name on the business I don't even write any checks I have nothing to do with my husband business . the only joint account we have is personal checking.
one more question let say if they will go after my husband are they going to sue him first or what ?

Trish is checking on it,But if your separate from the business then i believe he will be OK.He might think about opening at another bank.Is his business incorporated that's another matter about them going after him.It's quite a bit harder.Don't take this as legal advice you can consult with an attorney.

[MORA7620]

I'm confused, I just spoke to attorney and he told me they can freeze any account(s) shows your name (me) and SSN on it, they can not go after your husband and his accounts. any way I'll meet the attorney next Monday and I'll let you know.
guys, Thank you very much