I am separated from my husband can walmart garnish my husbands bank account for the money I owe ?
Lawsuit / Dispute Attorney
From what you describe, probably not. To levy a bank account of someone who owes money (the debtor), in most cases, the creditor must get a judgment issued by a court against the person named on the bank account. The only exception would be government agencies, such as IRS or Dept. of Education, which have certain administrative orders or if the creditor that is owed the money also has an account of the person who stopped paying. Thus, if you owe the money to this company, then I'd recommend closing all bank accounts that you have under your name. I'd also suggest that you spouse close accounts, if they may associate his bank account with you and your unpaid debt.
I'd rather suggest closing that account then risking them getting the money that you need. Once they have the money, it may be very difficult to get back. Also, it can take a long time, even if you end up getting the funds back, so better to play it safe and have no open accounts with this company.
Robert Stempler (please see DISCLAIMER below)
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Attorney Stempler provided a thorough answer to your question.
If you are separated from your husband, BOTH of you need to open new accounts with ONLY your names on them. That will solve a few different problems all at once.
As Attorney Stempler suggested, if you think WalMart ALREADY filed a lawsuit and has a judgment against you, then the absolute safest course of action is to keep your money out of the bank.
If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general information purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting a competent bankruptcy attorney in your area and providing ALL relevant information.
Chapter 13 Bankruptcy Attorney
Yes its possible, but it would require walmart to file a lawsuit against the debt holder and then seek an order from the court to levy the account or garnish the wages. This usually takes a few months and the creditor must give a debt holder written notice of the lawsuit.