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.


Asked on 11/27/07, 10:05 am

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

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

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Answered on 11/27/07, 10:49 am
Robert Davies The Davies Law Firm, P.A.

Re: checking accounts

Based on what you have said, NO!!!

You will need a lawyer to fight them. Call me, a good friend of mine does this work and he can help you.

Call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/27/07, 10:54 am


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