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In most states it is possible for a joint marital account to be levied by a judgment creditor even when only one of the couple is the debtor. The exception would be those states which allow marital accounts to be protected under Tenancy-By-The-Entirety. (TBE) If a joint account is seized the joint holder must file a motion with the court to have funds belonging to them returned, if there is no proof as to the amount belonging to the non-debtor the state's default laws will apply. In community property states the entire account of a married couple is subject to a judgment levy, w/o recourse for the either spouse's funds being returned.
What else can I help you with?
Can anyone freeze a joint banking account?
No. A creditor that wants to freeze the assets in a bank account must seek and be granted a court order. The order must then be served on the bank.
Can a creditor garnish your bank account if joint with another person?
no
Is a spouse entitled to a bank account if not on the account?
A spouse may open as many bank accounts as they wish. If, on the other hand, you are referring to a joint account; then there will have to be paperwork filled out adding the spouse to the account and thus creating a joint account. This requires the agreement and signature of the original account holder.
Bank levy on a joint account?
A judgment creditor might be able to levy against a joint account where only one account holder is the debtor. It really depends how the bank account is held and the state laws pertaining to such. One example, joint marital bank accounts held in community property states are subject to levy even if only one spouse is the named debtor.
Can they freeze your child account if you are on it?
It depends on how you are "on it". If you are a joint-account owner, then yes they can freeze that account. If you are listed as the guardian of the child (therefore the account is in the child's name, but you control the account) then no they cannot freeze it.
Can anyone freeze a joint banking account?
No. A creditor that wants to freeze the assets in a bank account must seek and be granted a court order. The order must then be served on the bank.
In Ohio does a spouse assume partners debt that was incurred before the marriage?
No. Although the spouse can be affected by the outstanding debt when applying for joint credit or if a joint bank account is levied by a judgment creditor.
In Alabama is a surviving spouse responsible for the credit card debt of their deceased spouse?
Alabama is not a community property state, the surviving spouse is not responsible for creditor debt unless he or she was a joint account holder.
Can a joint bank account be levied by a judgment creditor when only one account holder is the debtor?
Yes. Usually when a joint account is garnished by a judgment order and only one person on the account is the debtor, the court will 'freeze' the account and the non debtor account holder will need to submit proof of the amount of funds in the account that belongs to them. An exception could be,if the account is held by a married couple as Tenancy By The Entirety and only one spouse is the debtor.
Can a creditor put an attachment on a joint account in NY?
A creditor can put an attachment on a joint savings or checking account in NY. When an account is held jointly with another individual, the creditor does not know who contributes more to the account and secures the account as an asset.
Is it illegal to remove your spouse from joint checking account?
No. it is not mandatory to have a joint account with your spouse. If you feel, you no longer wish to have your spouse in your joint account, you can let them know and then contact the bank to remove their name from the accounts joint holders list.
If you have a joint checking account in Michigan can a credit card company freeze the account?
Yes, if a creditor wins a lawsuit and is granted a judgment, said judgment can be enforced as a bank account garnishment. A joint account (even a marital one) is subject to attachment to the extent of the debtor's share.
Is bank account joint if spouse not named on account?
No
Can a creditor garnish your bank account if joint with another person?
no
Is a spouse entitled to a bank account if not on the account?
A spouse may open as many bank accounts as they wish. If, on the other hand, you are referring to a joint account; then there will have to be paperwork filled out adding the spouse to the account and thus creating a joint account. This requires the agreement and signature of the original account holder.
Bank levy on a joint account?
A judgment creditor might be able to levy against a joint account where only one account holder is the debtor. It really depends how the bank account is held and the state laws pertaining to such. One example, joint marital bank accounts held in community property states are subject to levy even if only one spouse is the named debtor.
In Florida what should the surviving spouse do about the credit card debt of a deceased spouse that was sent to collections if there was no estate?
If the account was joint then the surviving spouse is responsible for the debt. If the account was held solely by the deceased spouse the surviving spouse is NOT responsible for the debt and is not legally obligated to repay such nor to correspond with the creditor or collector. If the surviving spouse so chooses he or she may inform the collector that the account holder is deceased and also inform the collector that they should "cease and desist" all contact with the family. Florida is not a community property state. Marital property is generally treated as Tenancy By The Entirety, which makes it immune to creditor action if only one spouse is the debtor.
