Can a creditor freeze my bank account if they have a judgement against me? My pay checks are directly deposited into my account. My fiance's...

Question

Can a creditor freeze my bank account if they have a judgement against me? My pay checks are directly deposited into my account. My fiance's name on the account as well but he passed away. I've left his name on the account because the home owner's insurance is still in both of our names. There is never any more than $1200 in the account. My name is also on my parent's bank account so that I could write checks if they were ever unable to. Their direct deposits come from social security. Can they freeze theirs's as well?

Answer

Yes they can! Get your name off of your parent's bank account NOW. Otherwise, the judgment creditor can garnish their bank account. Never have a joint account with anyone especially if they receive Social Security or other exemtpt income if you have a judgment against you.

You cannot keep more than $300 in any one bank account in PA in your name.

Why is the homeowner's insurance in your fiance's name if he is dead? Stop any autodrafts. This is a bad idea anyway. And why does the deceased finance have his name on a joint bank account? Was an estate ever probated for him? Why have you not taken steps before now to resolve the judgment?

This is not the place to discuss the specifics of your situation. You don't provide any relevant details about the judgment or your assets so its not really possible to give you specific advice here. Your options at this point are to resolve the judgment in some way - either by filing bankruptcy or paying. This will depend on the amount of the judgment and the assets that you have.

I give free email consults and charge $50 for a 30 minute phone consult. Please contact me at [email protected]/* */ if interested. Or else contact another attorney who handles debt negotiation. But get your name off your parents' accounts immediately, withdraw the funds from your bank account now and take steps to close the account. You can get a bank account in just your name if you bank at a very small community bank or credit union 25-50 miles from your home or at an online bank. You cannot leave more than $300 in the bank at any time.