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.
Yes, a bank account in Delaware can be levied for a court judgment. If a creditor obtains a judgment against a debtor, they can potentially freeze or garnish funds in the debtor's Delaware bank account to satisfy the debt. It is important for debtors to be aware of their rights and seek legal counsel to understand the implications of a court judgment on their assets.
The bank should notify the account holder that the account has been levied by a judgment holder. Also, the account holder/judgment debtor should have received a final notice of judgment citing the action the judgment creditor is taking.
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.
In most instances the entire amount of the account is subject to levy. The exception is if the account is jointly held and only one of the account holders is the judgment debtor.
No, not directly. Indirectly the non debtor spouse may find that he or she has a shared joint account levied or joint property encumbered by a judgment against the debtor spouse.
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 it can be proven that the debtor has funds going into the non debtors account then the amounts that are going into the non-debtors account that originally were funds belonging to the debtor can be levied.
Yes. A joint account held by persons who are not married nor related can be levied by a judgment creditor to the extent of the funds in the account that belong to the debtor.
Court
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.
Before an individual's bank account can be levied he or she must be sued by the creditor. If the creditor wins the suit (they almost always will) a judgment will be awarded and the judgment can then be used as a bank account levy. Bank accounts are 'frozen' by the court when the account is jointly held and only one account holder is named as the judgment debtor. This action allows the non debtor to provide proof as to the amount of funds belonging to them.
Yes. Judgments can be executed against joint accounts with the exception of accounts held by a married couple as Tenancy By The Entirety when only one spouse is the debtor. The usual procedure is for the account to be frozen and the non debtor account holder filing a motion with the court to have the portion of funds belonging to them released. The best option if the debtor believes he or she may be sued, is to remove themselves from the account to avoid the joint holder being penalized. If the debtor has received a civil summons or a judgment has already been awarded, then no action can be taken in regards to the account to prevent attachment by the judgment creditor.