Debt Collection
Income Garnishment

Can a joint marital bank account be garnished?


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Answered 2006-07-28 20:01:06

Yes. The very rare exception is if the married couple reside in a state that allows the account to be held as Tenancy By The Entirety and only one spouse is the debtor.


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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.

It depends on who the garnisment order is against and how it is written. A joint account where only one person is the debtor can be garnished under certain circumstances. The difficulty in figuring out your situation, is not knowing where you reside. Each state legislates its own laws for garnishment of wages and bank accounts. If you live in a community property state, such as CA. and have a joint marital bank account, it can be garnished.

Whether you're married or not a joint bank account can be garnished in MA. Garnishments are ordered on the individual's financial accounts and essentially can apply to any form of bank account they own.Ê

yes a bank account can be garnished if the name is different

If it is a joint account yes. If that persons Social Security number is tied to that account it can be taken. If they are taking it for a lien or garnishment the best solution is to close the account and open it in one name only. The name of the person not being garnished.

It's possible for a bank levy to be placed on a joint account, it really depends on how the account is set up. Whether or not it is a marital account, a joint account with survivorship rights and so forth may determine what legal action can be taken.

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.

Whether your money can be garnished depends on the type of business you have. If you have a corporation, your personal liabilities are separate from your business liabilities, which means your corporation's bank account will not be garnished.

Can bank account five dollars or less be garnished?Read more: Can_bank_account_five_dollars_or_less_be_garnished

Yea. But I think if you have another persions name on it a co owner, they can't bother it. Yes, your bank account can be garnished if you owe child support.

a joint account is an account that is joint together for an opening account. While beneficiary account are people that gain some promo from the bank

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.

i want to open a joint bank account in your bank. tell me how to open it i request you to inform me about the joint bank account and any type information/

Generally they can't garnish your account for a debt in your husbands name only unless he also uses your account - as in a joint account or his pay is deposited in the account.

A joint bank account is something that is owned/controlled by more than one person. So, to divide a joint bank account, the joint account holders have to come to an agreement as to who will be the sole owner of the account. Then, they must visit the bank and submit a written request. The bank will change the account to a single owned account after receiving the No Objection Letter from the other holders of the account.

In the majority of US states most bank accounts even those that are joint can be levied by a judgment creditor. The determining factor is how the account is established under the existing state laws. Joint marital accounts in states that are held in Tenancy By The Entirety cannot be levied when only one spouse is the debtor.

Depends on the laws in your state.

Probably not. The girlfriend is not responsible for payment. However if you have a joint account then the payments may be seized from the bank.

Yes. If you want to get out of a joint account, you can contact the bank and submit a written request to be removed as a joint holder of that account. The other parties involved in the joint account have to approve your removal from the account, only then the bank will complete the formalities.

Couples should have a joint bank account before they get married.

In most states, no, child support cannot be directly garnished from a spouse's income. However, most states can take money from joint finances, such as a joint bank account or joint tax return.

It depends upon how the account was established. The original agreement by the married couple will state if the account is held as Tenancy By The Entirety, Joint Tenancy, or Joint Tenancy With Right of Survivorship. If there is no such designation the state default laws will apply. Although Maryland allows TBE, it is not an automatic defense in protecting a joint marital account. The decision as to whether or not the account can be levied when only one spouse is the judgment debtor is made by the presiding judge.

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