Can creditors touch your savings account?

Creditors cannot just take money in your bank account. Even if your account is levied, you’re usually protected by law from having certain federal benefits seized to satisfy most types of debt. Protected benefits can include aid from FEMA, Social Security income, and veterans’ benefits.

Can a bank garnish a spouse’s paycheck?

Creditors can garnish bank accounts as well as paychecks. If you deposit your paycheck in a joint account with your spouse, it may be vulnerable to his creditors.

Can a creditor garnish a joint account with a spouse?

If you have a joint account with a spouse in a common law property state and that debt is not owned as tenants by the entirety, here’s what happens: In some states, a creditor can garnish that account, even if you were never individually liable on that debt. However, the creditor can only garnish up to half of the funds in the account.

Can a creditor garnish a bank account without a limit?

There are a very small number of states that completely prohibit creditor garnishments of bank accounts without any limit on the amount of money in the account. However, most (but not all) banks in these states accept only customers that live in the state where the bank is located.

Is it legal to save money with your husband?

There’s no law against setting a little money aside in a savings account while you’re married. If you’re frugal and if your husband is a spendthrift, it might even be a good idea.

Can a creditor garnish a spouse’s bank account?

This depends on the specific state law regarding spousal debt. In California, creditors can generally garnish your spouse’s wages for a debt that you incurred when you were married.

Can a spouse garnish my wages for my husband’s debt?

All the other states are common law states. In these states, your spouse’s debts are normally his debts alone, not yours. This means that creditors can’t garnish your wages for bills your spouse runs up. Again, there are exceptions.

Can a bank garnish a joint savings account?

Creditors can garnish jointly owned savings and checking accounts. Learn about your rights. Please answer a few questions to help us match you with attorneys in your area. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided.

Can a creditor garnish a person’s wages?

If an individual fails to pay back a loan or another extension of credit, then creditors may try to take back the debt forcibly. Creditors have a number of legal means of doing this. Among them is the garnishment of the individual’s wages and the freezing and seizure of his bank account.