Asked in Law & Legal Issues
Law & Legal Issues
In Florida can a joint marital bank account be levied by a judgment creditor if the wife accrued the debt prior to marriage and the loan was in her maiden name?
October 08, 2008 4:41PM
Not if the account is held by the married couple as Tenancy By The Entirety (Entireties). If the judgment is in the debtor's maiden name, it is likely that to assure it validity it would be amended to show the debtor's current married name as well.
Can a creditor with a judgment levy a Montana bank account?
What if the creditor that enters the judgment sells the account to a new company and the old creditor didn't assign the judgment to the new creditor How do you pay off your judgment?
Can your checking account and wages be garnished at the same time?
Can your wages be garnished and your bank account?
Asked in Civil Lawsuits
What can a creditor do with a final judgment in Florida?
In Texas can a creditor judgment for an unpaid phone bill be enforced as a wage or tax refund garnishment or a bank account levy?
A judgment creditor can levy a bank account even if it is joint. A judgment creditor can only garnish income if there is no other way to recover monies owed. A judgment creditor can place a lien against real property but cannot perfect the lien as a forced sale of a primary residence. A judgment creditor cannot seize a tax refund.
Asked in Civil Lawsuits, Civil Process
Can a creditor freeze bank accounts in New Jersey?
A judgment creditor can levy a bank account(s) held by the judgment debtor. An account can be frozen by the court when it appears that funds might be removed and/or transferred to avoid the judgment levy or to allow the judgment debtor to claim exempted funds in the account(S) or when the account is jointly held by a person who is not a judgment debtor. A joint account holder who is not a judgment debtor is required to present documents proving to the court the amount of funds that belong to them and which are not subject to a judgment levy. In some instances when an account is held jointly by a married couple and only one spouse is the named debtor the entire account will be exempted from a judgment creditor levy.
Asked in Law & Legal Issues, Income Garnishment
Can creditor garnish more than one bank accounts?
No. A judgment creditor can only levy one bank account for the time period designated by the judgment levy (generally 30 days). The creditor cannot recover monies from more than one account at a time. A bank levy by a judgment creditor is good for one time only and then has to refiled before it can be executed again against any account belonging to the judgment debtor(s).
Asked in Debt Collection, Banking
How do you know if a levy was placed on your bank account?
Can a person's wages or bank account be garnished for credit card debt in Texas?
Asked in Marriage, Civil Lawsuits
Can a judgment obtained against you before marriage affect your spouse after marriage?
The new spouse would not be directly responsible for the debt owed but, he or she could be affected by the execution of the judgment writ, as it is usually possible for joint marital property to be attached under such circumstances. For example, a joint marital bank account could be subject to levy by a judgment creditor unless the account is protected by Tenancy By The Entirety laws.
Asked in Repossession, Income Garnishment
Are there garnish bank accounts in South Carolina?
Can a creditor take your federal or state income tax refund to pay a judgment?
If the judgment is for state or federal taxes then any refund is subject to seizure by the agency holding the judgment. If it is a creditor judgment, a tax refund would only be subject to attachment if it were placed in a bank account that was being levied by the judgment creditor. I would consult with a tax attorney.
Asked in Debt Collection, Civil Lawsuits, Florida
What could a judgment creditor do if you do not have property or assets in Florida?
Florida does allow wage garnishment and bank account levy assuming the funds are not those protected under federal or state law. Generally the creditor will hold the judgment until the debtor does acquire property or assets that can be seized. Judgments accrue interest as long as they are open this means the debt will increase as time passes.
Asked in Debt Collection
Can a creditor levy you bank account if you live in Florida?
Asked in Law & Legal Issues, Credit Reports, Credit
If your debt with a judgment against you has been sold can the judgment still be on your credit report from the original creditor effecting your credit report twice?
Asked in Credit and Debit Cards, Credit
Can credit card judgment take money from your bank account?
Asked in Cars & Vehicles, Credit and Debit Cards, Banking, Liens, Money Management, Credit, Commercial Bank and Checking Accounts
Can a credit card issuer access a personal checking account to pay an account that has been written off?
With a judgment lien can a tax refund and bank accounts be garnished?
Asked in Debt Collection, Banking, Income Garnishment
If you had a levy placed against your bank account in 2005 and nothing has happened since can action still be taken at a later time?
In Ohio does a spouse assume partners debt that was incurred before the marriage?
Asked in Debt Collection, Income Garnishment
Can a creditor garnish wages and seize money from a bank account in Michigan?
Asked in Business & Finance
A levy was lifted on the account now the creditor wants to garnish wages Can this be done?
Asked in Credit Reports, Income Garnishment, Liens
What is a filed judgment?
It indicates the creditor plaintiff has won a lawsuit against the debtor defendent and a judgment has been entered in favor of the creditor. The creditor can enforce the judgment in accordance with the laws of the debtor's state of residency. The preferred method of executing a creditor judgment is wage garnishment, followed by bank account levy, a lien against real property owned by the debtor or the seizure and sale of nonexempt property owned by the debtor.