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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No, a minors bank account can not be garnished, if they are the only person on the account. If this is a joint account and the non-minor is subject to a judgment then it can be levied or garnished.

Yes it can, but only for half of the balance in the account unless you can prove that all the money in the account belongs to the other party. You will need complete documentation and a court hearing to accomplish this. Also, because Florida is a "debtor" state the rules regarding bank executions, wage garnishments and property executions lean heavily to the debtors interests. Disposable income becomes extremely important to you as a debtor and to the creditor. Salvatore Mattiaccio President The Lakeland Group, Inc. P.O. Box 20 Sparta NJ 07871 (973) 729-2372

Estate taxes are levied on the entire estate of a person.

Not where the person physically died, but in the state in which the decedent was domiciled at his/her death. Example: Decedent was domiciled in New Jersey but died at his summer residence in Florida. The original probate should be in New Jersey. If that residence has to be sold by a duly appointed executor in Florida, ancillary probate is issued. This entails getting a certified or authenticated copy of the will that was probated in New Jersey and offering it for probate in Florida with a request that the New Jersey executor be appointed executor in Florida in order to selll the Florida property.

No, the state does not get a share of the property, other than any state levied Estate Tax.

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.

Tax is a broad term & duty is a part of tax.......Tax levied on person, product, services & assets for example-INCOME TAX levied on person,VAT levied on sale of products,SERVICE TAX levied on providing taxable services, WEALTH TAX levied on assets..........Genrally DUTY levieble on goods for example-EXICE DUTY levieble on manufaturing of goods, CUSTOM DUTY levieble on import & exports of goods...........................Sachin gupta from jhalawar (RAJASTHAN)

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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.

A person who lives in Florida is called a Floridian.

no service tax is not a direct tax. b'coz direct tax is directly imposed on person and it can't be transfered on the other person. Service tax is levied on service provided and it is levied and collected from clients. so service tax is an Indirect Tax.

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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.

Jersey is a British island. When they came here they named it New Jersey.

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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You may be fined by the bank for writing a check on a non-existent account. Plus, the person to whom you gave the check can sue you for the money and for which you can be arrested and jailed. Writing a check on a closed account is illegal and you can be jailed for the same.

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The person authorized to write checks on an account is called the account holder or account operating customer. He/she is the only person authorized to write checks on that account. Nobody else can do so. (In case of a joint account, all holders of the account can write checks)

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