Legal Question in Credit and Debt Law in South Carolina

Joint Checking Account

I had a joint checking account with someone. Upon the absolution of our relationship, he did not close the account. The bank garnished money from his new account to cover the negative balance of the existing account. He is threatening to sue me for the amount of the negative balance and wants to place a lien on my personal automobile? Can he do this?


Asked on 6/07/07, 11:20 am

1 Answer from Attorneys

Sheryl Schelin Law Office of Sheryl Schelin

Re: Joint Checking Account

Without additional facts, it's hard to give you a "yes" or "no" answer. There's no statutory lien right here that I can see (but additional facts might suggest otherwise). If he is successful in a lawsuit against you for the debt (I think he'd have to prove that you were the only party responsible for the overdraft) then he could potentially have the Sheriff in your county execute the judgment against any property you own, or take a lien in that property. However, SC has exemption laws that protect certain property (up to certain amounts, in some cases) from the reach of creditors. You'd really need to call a lawyer, & go over the entirety of the facts with that lawyer to get a complete answer. Good luck!

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Answered on 6/08/07, 11:13 am


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