Legal Question in Credit and Debt Law in California
I shared a bank account with my brother until one year ago, when he took his name off. Prior to that, we had the account together for decades, though only I contributed to it for the last few years, which is why he took his name out.
He recently got a judgment against him. Can the creditor go after the bank account? On the one hand, only my name is on it now, and I have the papers to show that he hasn't contributed money to it in years. But it was technically a joint account up to one year ago.
But even if I'm in the right and the creditor tries to go after the bank account anyway, can they freeze it before I even get a chance to show that it's really all my money? How vulnerable am I?
1 Answer from Attorneys
If the account is in your name only now with just your tax payer identification number then you should be relatively safe. If you were extremely concerned I would change banks and so that would insure that his name is not connected with the account. Be aware that the creditor may want to go after you based a fraudulent transfer of assets if there were any improprieties in that transaction with your brother.
Hope that helps and good luck to you.
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