Legal Question in Credit and Debt Law in California
bank levy-Spousal Attachment
Are you allowed to attach the bank account of a spouse if the judgment debtor is not listed on the bank acoount?
2 Answers from Attorneys
Re: bank levy-Spousal Attachment
No, only assets of the debtor. But if you have cause to believe that he has signatory rights on the account even if he is not listed I would file a garnishment. You can also file a request for a debtor's exam which requires him to appear in court and answer any and all questions about his financial situation. You can require him to bring all of his bank account information and examine it.
Re: bank levy-Spousal Attachment
You may attach any assets of the judgement debtor, whether they are held in the judgement debtor's name or not. California is a community property state, and the judgement debtor may well have an ownership interest in the spouse's bank account. The issue is one of proof. To learn more, visit our website at www.labusinesslawyer.com.