Can they raid my ex-wife's bank account?

[Rintaro]

tranfers

First of all, it's not illegal to deposit your check into any account you please. It's not a fraudulent transfer since, you have not been sued.
Having said that, your ex is an ex for a reason. Noway I'd go down that road.

So If One Of My creditors Has already won a Suit against me, then me tranfering money from my bank to my spouses bank is considered a fraudulent transfer?

[Rintaro]

That still does not answer a basic question is a spouses bank Account safe so long as debt was obtained prior to marriage & spouse's account is not connected in anyway to debtor.
IE: If I was to deposit funds into her bank account could CA agencies levy it to collect a judgement against me??

I think what becomes most confusing on these forums is the fact that the answers to most questions are not state specific. But as a general rule... it goes like this: If you are not aware you are being sued: You have not been served (this is why its a good idea to accept service so you know who is doing what and end up with a service by publication and default judgment and your clueless). If you have not received any notice of a pending lawsuit like an attorney stating pay up or we will sue you. Prior to getting notice of a law suit you are free to do as you wish with your money and assets. But everything changes once you are aware. Since most people know months in advance of potential litigation most courts have a look back period of when notice was first given. Anything you do to hide assets or move funds a judge can reverse those actions. We wont get into fraudulent conveyance and keep this simple. But then again you are entitled to asset protection. Its your right. Asset protection begins with knowing you have the potential to be sued either from your occupation or from your dealings. Getting a head start on creditors is neither illegal or unethical if done correctly. I would rather stand in front of a judge and tell him I spent $xxxx on drinking, gambling and (fill in the blank of untraceable losses) since I was so depressed. And that where all my money in the bank went. (shrug who is to know better...no paper trails tell no lies or than $xxxx of withdrawals at my local casino until my account was empty.) Ok I am sure I am going to get flamed but the point is this. You can do what you want until the point you know your getting sued (in a nut shell) after that if you have anything worth enough your going to get stuck in front of a judge asking where its at. One thing you can do in advance is prepare a list of all your property and show how its all exempt and send to the attorney for the plaintiff. Once they realize you don't have anything often times they drop your case (since they know you know the law) and move on. Next best thing...answer the summons and complaint (learn how to do it and most likely they wont be prepared). Next to that show up for the court date and fight it argue fee's, costs, verification of the debt. Its all listed on this site. You can even get your case thrown out. You CANNOT lose more than you do with a default judgment no matter what. With a default judgment they get everything they ask for and most of it is illegal.

[treehugger1]

Technically, I believe they would also need a judgment against her. In most states, I believe the bank levy/garnishment writ must be accompanied by the judgment. If one assumes that banks do their due diligence and compare the judgment record with the name of the judgment debtor, then why/how could a bank allow funds to be levied? This is assuming that banks pay attention to details.

BUT, in the future a judgment creditor/CA could subpoena your employer for paystubs and request to know how funds are dispersed. They can also summons you to a debtor examination and question you under oath. Once they have the bank account from a paystub, they probably have a legal right to levy/garnish funds no matter where they are. BUT, who knows?

You might want to query an attorney in your area.

[FreshLikeADaisy]

Tenunda, regarding the prepaid visa/mastercards where you can direct deposit your paycheck into them, they are in the checkout line at WalMart. Not the $100 Visa Gift Cards, those are different, but look for Visa/Mastercard offers that are not labeled gift cards and that's them. If you flip it over you can see the direct deposit thing -- they even cut the rates if you direct deposit your paycheck into them.

I do NOT know that this would or would not be exempt from creditor seizure, so don't take it that way, but these cards have helped many avoid regular credit and banking during bk. Good luck!!!