Legal Question in Appeals and Writs in Pennsylvania

How can a credit card co.put a writ on checking & saving accounts??The card co,had my name listed on writ but my husband & my name is on accountsWhat gave them the right to do that??.I have an attorney & he wrote them & told them to release accounts,since the account had both names listed.The judgement is against me not my husband.Is there something my husband can do to credit card co,since they gave him hardship??The bank bounced my checks because of it.Then I had to give them a copy of ncome tax papers to show we are married,yet,they wouldn't take just a marriage license.So now I'm hoping they release my accounts.If credit card is an unsecured loan,how could they legally do this??


Asked on 4/13/12, 1:56 pm

1 Answer from Attorneys

Very easy if this is a writ of execution and the credit card company who sued you has a judgment against you. The creditor can take the funds if you hae a joint checking account, Your husband cannot do anything to the credit card company. While its unfortunate that freezing your account caused hardship, you must have had notice that the judgment was coming. You should have taken steps to consult with a lawyer to protect your assets if you were unable to resolve the judgment. They will not release the hold unless your husband can show that the source of the funds in the account was exempt from levy.

If you have a judgment against you, I suggest that your husband immediately get his own separate checking account and that he direct any future deposits into his new account and that you pay bills from that account.

Since you have a judgment against you, more than just your bank account is at risk if you have any other assets particularly those which are owned free and clear. I thus suggest that you think about resolving the debt, depending on your circumstances. Judgments never go away. They can be executed against land for 5 years unless revived and against personal property like bank accounts for 20 years. You should look into getting an online bank accout or keep less than $300 in your existing bank account.

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Answered on 4/13/12, 10:56 pm


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