Legal Question in Credit and Debt Law in California

Re: Being sued by a credit card company

There is a lot of information that would have to be reviewed before someone can give you a definitive answer to the question. In general, if the card was in your name only, they will probably not go after your wife, though legally, they probably can. As married persons, any debts incurred while married, and any assets accumulated while married are community property and debts. In theory, the credit card company could join your wife as a co-debtor, and go after her for collections. Its hard to say whether they will do so or not, but it is a possibiity.

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Re: Being sued by a credit card company

Yes, under California Community Property law, a judgment creditor may go after the assets of the spouse of the judgment debtor, including bank accounts but not including wages. Her car can theoretically be taken, but usually will not because it costs too much to take, store and sell a car. Your spouse can claim an exemption if she shows the court she entered into a transmutation agreement with you declaring her bank account to be separate property. She would also have to show that all deposits were made by her from her wages and that you have no access to the account.