Can My Husband's Account Be Garnished for a Judgment Against Me?

When you get married, many of the assets that you have will be shared equally between you and your spouse. If you accumulate a personal debt, you might find that debt collectors will try to collect the money from your spouse. Depending on where you live and the situation, this may be legal.

Community Property States

If you live in a community property state, your spouse could be liable for debt that you accumulate. In community property states, debts that are demanded are the equal responsibility of both spouses. This means that if you accumulate a debt and do not pay it, the creditor could file a lawsuit against you and your husband to get a judgment. Even if the husband did not incur the debt or know anything about it, he could have to pay for it.

Joint Accounts

Another factor that needs to be considered is whether the account was a joint account or an individual account. If you do not live in a community property state and you open an account, who is on the account will have an impact on who can be sued for the debt. For example, if you open a credit card and put both yourself and your husband on the account, it can make your husband liable for the debt.

Joint Bank Account

If the creditor gets a judgment against you, it could still affect your husband if you have a joint bank account. For example, if you keep your money in an account that has both of your names on it, the creditor could garnish that account. When this happens, it does not matter who actually puts the money into the account. If the husband puts all of the money in the account and your name is on the account, the creditor can take the money.

Getting a Garnishment or Levy

If you have debt, creditors can not necessarily garnish your wages or levy your bank accounts. Before this can happen, the creditors have to go through a specific process. The creditor will give you a chance to pay the debt, then a lawsuit will be filed against you. The judge will then issue a judgment in the creditor's favor, unless you can prove that you do not owe the money. At that point, the creditor can then use that judgment to garnish wages or levy money from a bank account.