Legal Question in Credit and Debt Law in North Carolina

can a judgment against me for credit card debt levy joint bank accounts or lien a home that is jointly owned as a primary residence in North Carolina?


Asked on 4/01/11, 4:52 am

1 Answer from Attorneys

If the judgment is JUST against you on a credit card debt and the home is owned with your spouse, then no. It is also unlikely that the creditor would levy on the home if it was jointly owned with anyone else - depends on if it was owned free and clear though. More likely would be the scenario where if the home is sold, the creditor will grab their money at the time of the closing if there is enough equity to pay the judgment.

Regarding a bank account, yes, they can levy on it even if another person's name is on it. You don't want to be in the position of having to fight with the creditor to return funds after they have taken them by showing that the funds really belonged to the other person. It is not impossible, but you just do not want to be in that position. Get the other person to get their own account or get your name off of their account now.

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Answered on 4/01/11, 6:15 am


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