Legal Question in Appeals and Writs in Pennsylvania

If the judgment is just against one spouse, then the other spouse is not liable for the debts of the spouse who was sued. But there are exceptions, so it depends on who was sued and for what.

I would have to know what the spouses own, but assuming that land is owned jointly by the husband and wife as a tenancy-by-the entireties (a special form of ownership of land for married people) then the answer is the home cannot be sold. However, the judgment acts as a lien on the home and if the home is sold, then the special tenancy-by-the-entireties relationship is destroyed and the judgment can be enforced against the judgment debtor spouse.

Regarding joint checking accounts, the writ can be enforced. If I were you, I would get the judgment debtor's name off the bank account TOMORROW if its not too late. Any money in the bank, if it exceeds $300, can be seized. Stop any direct deposits or automatic payments now.

Some banks require that you close the account; others will allow the removal of the judgment debtor spouse. Talk to your bank about which they prefer.

For so long as one spouse has an outstanding judgment, he/she cannot have joint checking accounts with anyone. The judgment debtor needs to explore other options by banking online, keeping less than $300 in the bank (unless he/she gets Social Security or other exempt income), banking out of state, using a pre-paid debit card, getting an account at an out-of state bank, credit union or very small community bank located 25-50 miles from home.

The judgment debtor spouse does need to think about resolving the debt in some way - either through bankruptcy or payment (unless he/she is totally judgment proof and living on a fixed income).

If you or your spouse (whoever is the debtor on the judgment) wish to discuss more specifics of asset protection and resolution of the debt in a non-bankruptcy context, please contact me at [email protected]. Email consults are free; I charge $50 for a 30 minute phone consult.