Legal Question in Credit and Debt Law in Pennsylvania

Re: Collection

This is a recurring question. Apparently credit card companies and banks are testing the boundaries of Pennsylvania Law regarding tenancy by the entireties. If the bank account is in the joint names of husband and wife it is considered a property held as a tenancy by the entireties. The creditor of one spouse can not attach it. However, your husband may have to file a claim with the Sheriff's Office to claim the exemption. It is also a good idea to give the bank a copy of the claim.

Re: Collection

When a creditor has a judgment, one option for them is to seize any bank accounts that have the debtor�s name on them. It does not matter initially who else�s name is on the account.

However, PA has a tenants by the entireties exemption for married people who have always owned property together during the marriage.

The bank should be contacted to note the exemption and the account should be unfrozen.

It may be in your best interest to consider a bankruptcy which may eliminate the debt and avoid such problems in the future.

I trust this answers your question but feel free to call or E-mail me on a free initial basis.