Legal Question in Credit and Debt Law in Pennsylvania

Seizure of joint bank account

I have a judgment against me for an unpaid credit union loan. I have a joint account with my boyfriend because I used to work and received unemployment also and we were paying things 50/50. Since the beginning of December when I had the baby, I haven't contributed ANYTHING to the account. Meanwhile, he had HIS income tax refund deposited and has deposited his entire paycheck and the bank froze our account to garnish this money for this debt. Is there anything he can do? This debt was before him and we aren't planning to get married anytime soon and he doesn't feel he should be responsible.


Asked on 3/02/06, 9:46 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Seizure of joint bank account

Is there anything he can do? Yes, he can get you to pay the judgment.

Because the asset is a joint account it would be difficult if not impossible to avoid the siezure of this account. I agree with him, he shouldn't have to pay this debt. But the bank has no way of knowing what money is "his" and what money is "yours" especially since once it went into the account it became "ours" and now "theirs." There isn't much if anything you can do at this point except satisfy the debt.

There are options regarding the remainder of judgment debt. But that exceeds the scope of your question. My advice would be to consult an attorney regarding the balance of the debt, sign a promissory note to your boyfreind promising to repay him the money that was garnished. And you might also consider giving your boyfreind some special treatment for not kicking you to the curb. Sounds like he's a stand up guy.

Regards,

Roger Traversa

PS - My aplogies for the tone of this letter, but even if you are down on your luck you needed a good swift kick. RJT

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Answered on 3/02/06, 10:56 am


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