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Household budgets are under significant pressure right now, with millions of Americans trying to juggle stubborn (and now rising) living costs and shrinking financial cushions thanks to their rising credit card debt. Today’s higher-than-average credit card rates aren’t helping, either, as the borrowers who are carrying revolving debt from one month to the next are watching their credit card debt compound rapidly. But the borrowers who have fallen behind on their debt payments are at risk of even higher stress levels once the debt collection process escalates beyond calls and letters and into the legal system.
And, that’s especially true for borrowers who share financial accounts with a spouse, parent, child or business partner. A joint bank account may seem like a practical way to manage your household expenses or combine incomes, but a shared account can also create confusion when one account holder owes money to creditors who have successfully sued and won a judgment against them. In these cases, the account holder is at risk of facing a bank levywhich freezes the funds in the account, making it tough to access the funds needed for rent, groceries or other bills.
The rules surrounding joint accounts and debt collection aren’t always straightforward, either. So, can a debt collector freeze the funds in your bank account if it’s a joint account? That’s what we’ll examine below.
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Can debt collectors freeze a joint bank account if you owe them money?
In many cases, yes — debt collectors can freeze a joint bank account if one account holder owes a debt and the creditor has obtained a court judgment that allows them to take this route. However, the process typically can’t begin until several other steps have been taken. For most consumer debts, debt collectors must first sue and win a judgment in court before they can request a bank levy or account freeze. Once that judgment is entered, the creditor may be able to ask the court to allow wages to be garnishedliens to be placed on property or bank account funds connected to the debtor to be frozen.
Joint accounts can be vulnerable in these situations because both account holders legally have access to the funds. From a bank’s perspective, it may not be able to immediately distinguish which portion belongs to the debtor and which portion belongs to the other account owner. As a result, the bank may temporarily freeze the entire account after receiving the levy notice. That doesn’t necessarily mean the creditor can permanently keep all of the money in the account, however. In many states, the non-debtor account holder has the right to challenge the freeze and prove that some or all of the funds belong to them alone. For example, if a spouse’s paycheck is deposited into the account but the debt only belongs to the other spouse, the non-debtor spouse may be able to recover part of the frozen money.
The type of income deposited into the account also matters. Certain federal benefits — including Social Security benefits, Supplemental Security Income (SSI), veterans’ benefits and some disability payments — are automatically protected from garnishments and levies by most private creditors. Banks are generally required to review the account during the levy process and protect qualifying federal benefits that were directly deposited within a specific lookback period. Still, complications can arise when protected and non-protected funds are mixed in the same account.
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How to stop a bank levy on a joint bank account
If you’re facing this type of issue, you still have options, especially if you act quickly. Here’s what to consider doing:
Challenge the levy if the funds aren’t yours
If a joint account contains money that belongs solely to the non-debtor account holder, that person may be able to file an exemption claim or objection with the court. Supporting documentation, such as pay stubs, deposit records or benefit statements, can help demonstrate who truly owns the funds. The timeline matters here, though, because levy deadlines are often short.
Review whether protected income applies
If you’re receiving Social Security, veteran benefits or other exempt federal payments, you should review whether the bank properly protected those deposits during the levy process. If any exempt money was frozen incorrectlyyou may be able to challenge the action and seek release of the funds.
Explore debt relief options
If you’re struggling with large amounts of other unpaid debt, a debt relief program may help prevent future collection actions and subsequent bank levies. Debt relief companies can help negotiate with your creditors to settle your balances for less, or a credit counseling agency can help you structure a repayment plan that works with your budget, but with lower interest rates and fees.
Debt consolidation loans or balance transfer cards may also help you regain control if your credit still qualifies you for favorable terms. And in more serious situations, filing for bankruptcy may immediately stop most collection actions, including levies, through the automatic stay process.
The bottom line
A joint bank account offers no automatic shield from a debt collector with a court judgment. If your name is on the account and the debt is yours, creditors can pursue those funds — even if they belong to someone else. So, knowing how to best handle the issue and then acting quickly if you’re at risk of a bank levy are typically your strongest defenses.