Legal Question in Credit and Debt Law in California

I have a question regarding California debt collection law. My sister owes the credit card companies some money and isn't able to pay because she lost her job $10,000 to be exact. They will send it to a collection agency soon. I heard that the collection agency can take money from my saving or checking account even though her name isn't on there. It's just that she's my sister and a long time ago we have a joint brokerage account together (it has been closed for 5 years). Is there a law that the collector can take money from my checking account or my wife's checking account or my mom's checking account because we are related or my mom's name is on the same phone cell phone bill as my sister?

Asked on 2/23/12, 3:03 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

No. First off they have to get a judgment before they can get anything. Then they can only execute the judgment against assets that have her name on them. They can, however, take everything from an account with her name on it even if she didn't put any of the money in.

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Answered on 2/23/12, 3:13 pm

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