Legal Question in Credit and Debt Law in Virginia

Joint checking and garnishment

I have recently been contacted by a company for a debt was established appx 13 years ago. I was the first line signer on the account for my ex-wife. They offered me a settlement which I tried to do but I wouldnt have it until I got my tax return, appx 8-14 days. They told me that to wait, the settlement would double, which makes it completely unaffordable. My current wife is military, and I do short contracts, nothing long term. And we have just opened a checking account in her name only to keep anyone out of her money. Can they attach a joint account? She had no part in this debt.

On to the judgement. I began filing bankruptcy in 1996 and withdrew the plea later that year. In 98 that lawyer signed for the summons to court fir this. So I had no Idea that I was being sued. Where can I find a good list of statute of limitations by state on loans and judgements?


Asked on 2/02/08, 11:09 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Joint checking and garnishment

A joint account in the Commonwealth apparently may be seized by a judgment creditor of only one of the account holder spouses unless title to the account is held as "tenants by the entireties". You may wish to consult further with an attorney on this matter as well as on your issue regarding a statute of limitation which may possibly apply to your particular debt situation, as there are many factors to be considered in any given case.

Read more
Answered on 2/03/08, 6:40 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Joint checking and garnishment

A joint account in the Commonwealth apparently may be seized by a judgment creditor of only one of the account holder spouses unless title to the account is held as "tenants by the entireties". You may wish to consult further with an attorney on this matter as well as on your issue regarding a statute of limitation which may possibly apply to your particular debt situation, as there are many factors to be considered in any given case.

Read more
Answered on 2/03/08, 6:41 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Virginia