Tullahoma, TN asked in Small Claims for Tennessee

Q: my husband has a judgement on him and im not listed what can happen to me?

I have a quick question my husband was sued by a creditor its a loan company where he took out loan for someone he went to court and they got a judgment for just over $4,000 we have been unable to make payment arrangements so my questions are as followed we file married and joint on federal income tax can they garnish that? Second, I understand they can levy our checking account he's the primary and I'm the secondary if I go to a totally different bank start up a new account where I'm the primary and he's the secondary can they put a levy on that account also? I'm not listed anywhere on the loan nor was I listed anywhere on the summons to go to court he's the only one listed and the only one responsible can they come back on me as well?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: Very often the Creditor will find something that appears to be his and then levy on it. You must keep your money and taxes separate. They cannot take the refund, but once it is a check payable to either of you, or deposited, it is an asset available. You do not have that big of a problem if you are smart, including vehicles.

Hire a competent attorney for a minimal fee for advice. File separate returns for the next several years.

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