Expert Advice When You Need It Most

Can my husbands bank account be levied if my check is being direct deposited into his savings account, I am not on the account

I just started a job and they only do direct deposit,But I don't want to open a bank account because I have a lot of credit card debt. I live in Pa so I know that they can't garnish my check, but they can levy a bank account. I just need to put enough money away to pay off these credit cards off.I learned my lesson.

Save

Attorney answers (1)

Reputation Level 10
Unfortunately, you know the answer. The consumer creditors cannot levy a check but can levy the results of that check. So, by depositing that check into your husband's account you risk all of his funds being frozen along with your funds. This is a form of comingling and the creditor may win as to obtaining all the available funds.

A better bet would be for you to open a bank account and have the check deposited there. Immediately withdraw all funds and place them in your husband's account as cash. The real goal is to pay these creditors off or to declare personal bankruptcy and remove these debts, whichever is wiser.

Regards,
Roger

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now