Legal Question in Credit and Debt Law in California
Last month my checking account was levied, this is a joint account, and the debtor was my spouse, this account is used by me only, I am on unemployment and I use this account to cash checks so I won't have to pay fees to cash my unemployment checks. How can I get my money back? I am not the debtor, I am the third party?
2 Answers from Attorneys
Your account could only have been levied f you were a defendant and you were found liable for the debt. Suck nit up. You are SOL.
Mr. Marman, as seems often to be the case, didn't read your question nor give a proper answer. He is right, however, that you are out of luck. The funds in a joint account belong to both holders under the law. It makes no difference if the money is really yours. You both have legal ownership of all the money in the account. So when they levied on your account, they took his money, not yours. Open an account in your name only.
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