Legal Question in Credit and Debt Law in Michigan
JOINT ACCOUNTS and Rights
Can our bank freeze our account on and outstanding debt under my social security number. The account was opened by my girlfriend, and she put me on the account too. The debt is from a credit card that i left to my mother while iI was incarcerated for 8 yrs. My mother recently filed for bankruptcy, but they wouls not allow her too include this crdit card, but she filed bankruptcy with other credit cards she had in my name. How, can our bank assume that my girlfriend should pay for my mother's debt oon my card. my debt is not my girlfriend's and hers is not mine . On a joint account which she opened not me. How can you collect from a joint account if you don't know who monies is whom, we're not married.
1 Answer from Attorneys
Re: JOINT ACCOUNTS and Rights
It does not matter that you are not married. What is important is the joint account holder status. One of the implications of having a joint account is that creditors can attach the account for debts in either holder's name.
If the creditor has a judgment, it is legal to freeze or "attach" your bank account. The IRS can attach your account even without a court judgment. However, there are limitations on the amount that can be taken from your account if the money came from sources such as Social Security or a public assistance program. You will have to bring a motion to prove that you deserve this protection, however.
Ask the bank for copies of the attachment papers.
If you would like further information or my assistance, or just to find out more about me, please visit my website at www.lawrefs.com.
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