• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wife being sued

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Betty

Senior Member

By the way, NC does not allow a wage garnishment so her paycheck is safe. However, NC does allow a levy of any bank account that has her name on the account even if the money does not belong to her


Debt Guy - I just a couple of days ago typed a post where I said: "You cannot garnish wages in NC for a creditor debt." (Wife had credit card debt.) JETX replied with: "Sorry, not entirely true." referred me to http://www.dol.state.nc.us/wh/fact sheets/garnishments.htm see https://forum.freeadvice.com/showthread.php?t=348591 (post #10) I thought you couldn't either but apparently exception.
 


Sebin

Junior Member
OK. One last time. You are being way too anal about this. You are making yourself nuts worrying about something that has not happened yet and may never happen.
Chill. Jeez.
Dude, what's with the attitude? I'm not anal or making myself nuts. I'm just a guy that lives paycheck to paycheck, and I know nothing about lawsuits, and I simply don't have any money left to consult an attorney on this, so that's why I posted my problem here. Being very inquisitive is not being anal, I just want to make sure I ask all the details about my situation. If I knew about this stuff I wouldn't be posting here, would I?
 

ecmst12

Senior Member
Debt Guy is trying to set your mind at ease, man, relax!

They will not be able to seize your personal bank account, however your joint account CAN be seized because it has her name on it. You will then have to go to court and prove where the money came from (for example, your paycheck and her disability income, if she gets that) and if the funds would all be exempt, you will get it back. But the process is kind of a pain. If you have another bank account in your name only, you may want to consider making that your primary account for now, so you won't be completely broke if the joint account gets frozen.
 

Sebin

Junior Member
Thanks for the advice. Actually, my paycheck goes to my own account, which I took mostly because she has some debts and I wanted to be safe in case she got sued. I only put some money in the joint account from time to time for her needs, but there's usually not a lot of money in there because while she is disabled, she was denied disability and now she is waiting for a hearing with the judge for an appeal, which as she was told can easily take over a year.

Debt Guy is trying to set your mind at ease, man, relax!

They will not be able to seize your personal bank account, however your joint account CAN be seized because it has her name on it. You will then have to go to court and prove where the money came from (for example, your paycheck and her disability income, if she gets that) and if the funds would all be exempt, you will get it back. But the process is kind of a pain. If you have another bank account in your name only, you may want to consider making that your primary account for now, so you won't be completely broke if the joint account gets frozen.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top