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Attaching Account to Note

If my husband is not signed on an unsecure note, can his checking account be attached? We are not in a community property state. Does a court order need to be obtained to attach a bank account?


If your husband has no obligation on the debt and you are not commingling funds in his checking account, those deposits should not be reachable. We can't say what a court would do in your state and we have no information on the specifics of the case, but at face value, he shouldn't be requested to pay a debt that is not his. Some factors to consider are whether he received benefit of the loan proceeds and if deposits are commingled in an effort to thwart collection of the debt. An attorney would be needed if these issues concern you.

Published on BankingQuestions.com 6/02/10