Legal Question in Credit and Debt Law in Michigan
If I have a credit card in my name and default, can the Credit Card Company Take money or the house from my wife if her name is on the house as well as mine and the savings account is hers, but my name is on it as well?
2 Answers from Attorneys
Any creditor must obtain a Judgment through a civil matter in court. Once a Judgment is obtained, the creditor can pursue all collections activities permitted by law, such as garnishing a paycheck, bank account, income tax refund, etc. Any account that has your name on it is fair game, regardless of whether it is a joint account. Judgment holders cannot "take" someone's house. Have you ever heard of that? No, because that doesn't make sense. A creditor can place a lien on any real property you own or have an interest in. Assets can be seized to satisfy the Judgment, however, this is uncommon and there are restrictions on what can be seized to satisfy a Judgment (it also have to be preapproved by a Judge/Court, and any seizure of property is performed by an officer of the court). Do not worry about the house. Only worry about your paychecks, income tax refunds, and bank accounts if and when a creditor obtains a Judgment against you, as they can legally commence collections 21 days after the date the Judgment is entered.
Nobody (except the federal government for taxes) can garnish you without first having sued you, obtaining a judgment and waiting 21 days after the judgment is entered. They also could take a lien on the house at that time but again, the key is that a judgment must be obtained first. http://www.wolverinelaw.com