If I have my paycheck direct deposited into someone else's bank account, can their account be garnished for my debt?

Asked over 2 years ago - Fort Lauderdale, FL

I am worried about getting a writ of execution for some past unsecured credit card debt that I am unable to pay due to a divorce. I worry all the time that I will get served and my bank acct frozen. So I am wondering if I have my paycheck direct deposited into my boyfriends account, (with my name NOT on the acct) can the creditor gain access to the monies?

Attorney answers (3)

  1. Alan Smith

    Pro

    Contributor Level 13

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    Answered . Sounds like fraud to me.

    My response to this question does not mean I agree to represent you in any proceedings. This information is also... more
  2. Sheila Dawn Norman

    Contributor Level 10

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    Answered . You do not mention whether or not the creditor you are concerned about has a judgment against you, If they do not, they are required to get a judgment against you before they can garnish your paycheck or your accounts. If you have your paycheck deposited into someone else's account specifically to avoid your creditor getting the money, that is problematic. You do have options other than worrying all the time. You may want to discuss your situation with a bankruptcy attorney. A bankruptcy attorney should be able to tell you what, if any assets are at risk and how bankruptcy may be able to protect them. He or she can also likely tell you about alternatives to bankrutpcy that may also be available to you. This is a better option than putting the money in your boyfriend's account, which has other risks for both of you.

  3. Patrick Begley

    Contributor Level 14

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    Lawyers agree

    Answered . I agree with the previous answer and would just add that if you co-mingle funds in your boyfriend's account his money could be seized too since the funds would be co-mingled. He would have to be able to prove what money is his to prevent seizure.

    You should consider consulting with a bankruptcy attorney in your area if creditors are bearing down on you. Credit card debt can be discharged in a Chapter 7. Most offices offer free consultations.

    Best of luck!

    The information provided in this post is not "legal advice." Rather it is general information on common legal... more

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