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Can a joint bank account in Florida be levied by New Jersey law if only one person is levied upon?

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2015-07-14 16:10:27
2015-07-14 16:10:27

Not if it is a marital account held as Tenancy By The Entirety.

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Yes. A judgment creditor can levy a joint account and request the bank freeze account funds until a decision is made on the percentage of ownership each account holder is entitled to. Joint marital accounts are sometimes viewed differently if they are allowed to be held as Tenancy By The Entirety and the original account application/signature card specifically states those terms.

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A writ of judgment can be used to levy a checking or savings account that belongs to the debtor. Joint accounts can be partially protected but the other account holder must file the proper documents with the court where the judgment was granted. The bank has no obligation to notify the account holder(s) that the account has been levied. The account holder(s) should remove funds and close the account if at all possible. This can only be done BEFORE the judgment has been executed.

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In most states, creditors can garnish any account joint or not as long as the person they are trying to collect from is on that account. Sorry. The non debtor account holder should supply proof of the amount of funds held in the account that belongs to them. The court will then decide which funds are subject to levy. An exception to the levy of joint accounts is if the account is held by a married couple in a state that recognizes Tenancy By The Entirety of personal property, in such a case, the account cannot be levied when only one spouse is the debtor.

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