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Should I remove myself from our joint checking account?

Chesaning, MI |
Filed under: Debt Wage garnishment

I am being sued for a credit card from 2008. I am currently awaiting a decision on social security disability. I am unable to work and our family of 5 is living off of my husband's income. I understand that they can put a hold on our checking account if it's in both of our names. Would it be a good idea to remove myself from our checking account? We are going to mediation next week. Am I too late?

Attorney Answers 3


You need to consult with an attorney in your area immediately. I strongly suggest you do not do anything further regarding this debt without speaking to an attorney, unless of course the debt is a small amount. And you are correct, that they can garnish your bank account once they get a judgment against you.

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It would probably be easier to have your husband simply open another checking account in his name only and, then, of course, stop depositing any further funds in the joint account. Your husband is also certainly within his rights to withdraw money from the joint account that was his to begin with and put it in his new account. If there is then money left in the joint account attributable to you, there is nothing wrong with using the money to pay legitimate family bills. If you do nothing, and the credit card company obtains a judgment, they could freeze (and take) any money in a joint account. If the credit card debt is sizeable, I agree with the other attorneys that you should consult an attorney immediately. You may have defenses that you are currently unaware of which could eliminate or reduce your debt significantly.

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The creditor cannot do anything until they get a Judgment, Then they can garnish your bank account. Removing your name from the account would eliminate the possibility of them doing so, but could also expose you, as only your husband would have access to the account.

Daniel Findling
toll free: 877-YOUR FIRM

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