Can creditors seize my bank accounts and cars for my wife's debt?

Full question:

Credit card company has a court order against my wife to repay over $30,000.00 in credit card debt, a card she took out in her name only. My question is can they seize my bank accounts and cars that are in my name only?

Answer:

Generally, one spouse is not responsible for the other spouse's debts. However, there are exceptions. If you agreed to be liable for the debt or if you live in a community property state, you might be held responsible. North Carolina is not a community property state.

In North Carolina, a spouse may also be liable for necessary household expenses under the doctrine of necessaries. If a court determines that your wife's credit card debt is a family expense, you could be held liable.

If a creditor obtains a judgment, they can garnish your spouse's wages or seize non-exempt assets. However, they typically cannot seize your bank accounts or cars that are solely in your name unless you are found liable for the debt.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If a credit card company sues you and you can't pay, they may obtain a judgment against you. This allows them to garnish your wages or seize non-exempt assets. You may also face additional fees and interest on the unpaid debt. It's important to respond to the lawsuit and consider seeking legal advice to explore your options.