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Maybe, it depends on the laws of the state of residency and how the account is set up. Also there are states which do not allow garnishmen or wages or bank accounts for certain debts. In most cases a joint account by persons who are not married can be levied upon. Basically the account is "frozen" by court order, then the non-debtor account holder has to petition the court to release the funds belonging to them. Without knowing the state of residency it is not possible to be more specific, sorry.

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18y ago
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18y ago

In the majority of states a judgment creditor can levy a bank account even if it is jointly held. When an account is joint with the judgment being against only one account holder, the court will "freeze" the account until the non-debtor submits proof of the percentage of funds belonging to them.

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13y ago

I do not believe a garnishment can take more money than already is in the account BUT since banks deduct the largest debit first so there are more fees due to overdrawing your account then any checks or credit card debits are likely to come after a garnishment that would be timed to be near the maximum account balance (i.e. not served until day your check is deposited) the other deductions could overdraw your account

(this part based on personal experience in Michigan) it is likely that states have a worksheet that is based on gross value and cost of living that limits the amount of money that can be taken in a certain time period. said worksheet will look like there are laws in place that prevents a person/family from being totally destitute due to a garnishment while not allowing for any money for luxuries

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14y ago

A single creditor can only execute a judgment in one manner, that being the case a judgment creditor cannot concurrently garnish income and levy the bank account of a judgment debtor.

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Q: Can your bank account be garnished if you have someone else on your account?
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