Legal Question in Credit and Debt Law in California
My husband has a levy on our joint bank acct. on his s.s# in calif. from capitol one credit services. Can I safely open an acct. at another bank with my s.s# to protect my wages to pay mortgage, bills etc. that our solely mine?
1 Answer from Attorneys
It depends on what you mean by "safely." Withtout knowing the details of the debt and judgment, as well as the financial details of the marriage finances no one can say for certain that they could never reach that account. If the judgment is against him alone they will not be able simplyt to levy an account in your name alone that he has no access to, the way they levied the joint account. That does not assure, however, that they cannot eventually get a determination that the debt is a community debt and then access his share of your income. Whether they could do that or not would depend on details to complex to go into in this format.