questions & answers

Question: My wife has a debt that she has not been able to pay because she has no income and has not had income for 5 years. The collection company has frozen our bank account and I cannot pay our bill now. She has not made any deposits to this joint account. How can I get this hold off of our account? she does not want to contact the collection company. All funds in this bank account are mine not her's. Thank you

Answer: Arizona is a community property state. Technically, community assets are liable for debts of the community. The money that is in a bank account may be "one spouse's" because he earned it, however if he earned and deposited it while married, it may arguably belong to the community. Generally, a collection company cannot freeze a bank account - only a judgment creditor with a court order can. You may want to confirm that the debt you are trying to pay is the same debt that resulted in the frozen bank account. The answer to your question will be extremely fact-dependent, so you may want to speak with a debtor's attorney.