Legal Question in Credit and Debt Law in North Carolina

my husband had a writ of execution served on him and they attached it to our joint account is that legal


Asked on 8/18/11, 4:03 pm

1 Answer from Attorneys

It depends. You don't provide me with a whole lot of information. I need to know, do both of you get exempt income like Social Security? Did your husband get served with papers called a notice of rights? Did he exempt the bank account? Did he timely file the exemptions with the court?

The answer to your question will depend on the answers to these questions, Assuming that your husband either did not timely file exemptions or list the bank account thereon or if you do not receive exempt income, then what they did was perfectly legal.

Now that your bank account has been seized, what I would do if I were you is go and open a bank account just in your name. Do NOT put any money into the bank account that was frozen or else it will be seized too unless the judgment is already satifsfied.

Your husband should have his own bank account. He should either bank out of state or online (that is my preference). He can also have a credit union account or account at a very small community bank that is 25-50 miles from your home to be safe.

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Answered on 8/18/11, 7:37 pm


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