right of set off

[dacre]

My credit union recently used set off to take 4600 from joint checking account with wife for my failure to pay credit card debt. The credit card was in my name only. Evan though my name was on the checking account with my wife, this was her account. This is easily proven by direct deposits from her employer into that account. My question is does my wife have a winnable small claims case against the bank or does their right to setoff supercede common sense and decency? Thank you dacre

 

[Michael Wechsler]

I'm not sure and don't know your state but, quite frankly, if you've got a joint account my understanding is that the amount can likely be frozen from your account.