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In Florida if one spouse has a debt that they cannot pay and a judgment is filed can a joint bank account be seized?
Wiki User
∙ 13y ago
Maybe. Married couples in Florida generally hold property as Tenancy By The Entirety, meaning they both own the entire amount of jointly titled property or assets which cannot be partitioned without both agreeing to the action. TBE is sometimes successfully applied to joint marital accounts unless the account is designated differently, such as Joint Tenants. Creditors have been somewhat successful in levying joint marital accounts because Florida does not have a specific statute (nor default law) designating such accounts as having TBE protection. What it usually comes down to is how the presiding judge interprets TBE law as it applies to marital accounts. The good news is a judgment levy of a marital bank account is usually dismissed when a Motion to Quash is filed by the defendant/debtor.
Wiki User
∙ 18y ago
Wiki User
∙ 15y agoNot 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.
Wiki User
∙ 13y agoYes. Both parties are equal owners of the fund in the account. If say one spouse is employed and the other has no means of income, but both are listed on the account, no matter. Both parties equally own the account.
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If you owe a bank money can they seize your check being deposited into another account not in your name?
No. They cannot unless a judgment has been rendered by the court and the new account has been seized by court order.
Could a joint bank account be seized for a judgment against only one spouse in the state of Texas?
Yes.
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.
When can a federal tax return be seized for debt?
Federal tax refunds can be seized by the IRS for tax arrearages without the normal legal procedures being used. Federal and state tax refunds can be seized by a state child enforcement agency for court ordered child support arrearages. Tax refunds cannot be seized for creditor debt, for example, a judgment for non payment of a credit card account. But, once the refund is placed in a bank account it can be subject to levy by a judgment creditor. The Federal Government can also offset your federal tax refund to pay a student loan debt.
In Florida can a creditor garnish wages?
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.
What will happen if you don't pay the judgment in a civil case?
if you have the ability to do an act required under a judgment then you can be held in civil contempt and actually jailed, however if it is strictly a monetary judgment then you cannot be incarcerated, but your wages can be garnished and your assets seized by the judgment holder.
If you are making payments on your car can it be seized to pay a judgment?
Yes, if the vehicle is not protected by the state's exemption amount. If the judgment is not by the lender who holds the lien on said vehicle it is unlikely that the judgment debtor would engage in such action especially if there are other means of enforcing the judgment writ, such as garnishment of wages or levy of a bank account. I don't understand what is the exemption amount?
What assets can be seized in a judgment in Florida?
Nothing. A lien may be placed on real property that you own. At time of sale..the lien will be satisfied. Kiss the ground you live in florida. You can steal from credit card companies at will.
If you have direct deposit of your social security check can they take the money in your bank account if they have a judgment against you?
The judgment creditor can execute the judgment as a bank levy in which case, the bank must release the amount of funds stated in the court order regardless of how the funds are deposited in the account. The entire balance of an account can be seized if it is needed to pay the judgment order. The judgment debtor should take steps to protect funds within the account that might be considered exempt (Social Security benefits, disability benefits, monies that belong to an account holder who is not the judgment debtor, etc.)
In Georgia can a judgment creditor take money from your bank account?
Yes. A bank account can be levied by the judgment creditor even if the account is jointly held. If the account is joint and only one of the account holder's is the named judgment debtor, the non debtor account holder must submit proof to the court as to the amount of funds belonging to them in order to protect those funds from being seized. When it concerns such joint account the court will generally freeze the account and allow the non debtor a specified amount of time to claim his or her exempt funds that are in the account.
If you lose a civil suit can your IRA account be seized?
if I LOSE A CIVIL SUIT CAN MY IRA ACCOUNT BE SEIZED
Can a New Jersey joint bank account be levied against by a judgment creditor when only one account holder is the debtor?
Yes, joint accounts are subject to judgment levy. The non-debtor account holder must present documentation to the court as to the percentage of funds that belong to them to avoid having their monies seized by the judgment creditor. Generally, the court will freeze the account until a decision is made concerning which monies are subject to levy.
