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Judgement-garnishing from a joint checking account


xurlii
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Question: If my wages are directly deposited in a JOINT checking account I share with my spouse, can a CA or OC garnish my wages(if they win a judgement against me) from this JOINT checking account I share with my spouse who is not liable for this debt? Would this be illegal? Also the state in which this debt occurred, is NOT a community property state.

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Thanks for the prompt replies! A judgement has not been won against me (at least not yet); I just wanted to know what to do in case it does hapen to me. I have NEVER sent any payments to a CA, but they probably can get my checking acct info from the OC (eventhough it has been a while since I have sent a payment to them also). But,hypothetically speaking, if they win a judgement against me and if my spouse and I close this account and open up separate accounts, could they say I am guilty of fraud? I ask this b/c I have a relative that works for the IRS and she says that if they do a bank levy against someone and this person closes their account it could be considered fraudulent.

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If you have no account when they send the writ of garnishment, they reply "no account". They don't call the FBI.

Taxes are a whole 'nother creature - you can do time for tax evasion, but there is no debtor's prision for credit card debt, so you're relative is a little biased in their thinking...

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Your buddy at the IRS is an idiot. The only possibly thing he may be referring to is a fraudulent CONVEYANCE or transfer.

This is where say you own an asset, get sued and they get a judgement, and you transfer it to a relative, sell it for $1 to a relative, or set up a corporation and transfer it there. This would have to be brought up in court, showing the chain of custody (they have to know you have the asset and later transferred it) and then the sale could be reversed. Still, hardly applicable here.

The only possible way it could be fraud is if you opened an account and had no intention on ever paying for it, which they would have to prove.

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