Husband's bank account debited

[JessiesGirl]

What is the name of your state? Arizona

My husband told me tonight that almost $30,000 was taken out of his checking account this week for a judgement against me. This account is in his sole name and the debt was mine before we married (we married in October 2007). Can a creditor take "his" money? I can see if it was our joint checking account (we have a joint and he has a sole account, but I do not have a sole account), but it seems like he was penalized for my problem. TIA for advice...

Kathy

 

[Debt Guy]

Can a creditor take "his" money? I can see if it was our joint checking account (we have a joint and he has a sole account, but I do not have a sole account),

Well, since they did -- I guess the answer is yes.

Once the bank receives the court order -- they act. They have no choice.

Now, how the creditor convinced the court to allow levy on the account of a 3rd party is a mystery. I'm guessing it has something to do with the fact that AZ is a community property state. If the debt was pre-marriage, it does not follow that the cash in the bank is exempt since it could be a marital asset even if in his name alone.

For $30,000 you need a local attorney on this first thing Monday morning.

 

[JessiesGirl]

Thank you. I got some more information from hubby tonight. He admitted the "sole" account DID actually have my name on it. So, I guess it was OK to take by creditor. How embarrassing. Oh well. Thanks again.