Legal Question in Credit and Debt Law in New Jersey
checking accounts
If a spouse owe's money to a State or IRS or any other debtor due to business or personal problems, do anyone of the creditors have the right to go into a separate checking account only in the other spouse's name and the other spouse's SS #? Nothing to do with the spouse who owe's the money. Totally separate accounts.
2 Answers from Attorneys
Re: checking accounts
A spouse's separate funds are not subject to levy to satisfy a judgment or lien against the other spouse alone. That said, it is sometimes necessary to get a court order to vacate a levy especially where a joint account is involved. Funds that are comingled in a joint account are often subject to levy for the debts of either spouse.
See also: http://info.corbettlaw.net/lawguru.htm
Re: checking accounts
Based on what you have said, NO!!!
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