A creditor can put an attachment on a joint savings or checking account in NY. When an account is held jointly with another individual, the creditor does not know who contributes more to the account and secures the account as an asset.
yes. the creditor can put a lien on anything that may be counted as your assets. if your corporate business account is one of your assets, the creditor can try to recover their money from that 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.
They also become a joint holder or owner of the bank account and the account becomes a joint account. You and the other person you put into the account can operate the account independently and can carry out transactions like deposit, withdrawal, balance inquiry etc.
This depends only if the creditor originally reported your account to your credit report.
Yes. The account is considered a joint account and both individuals can deposit as well as withdraw funds from the account. There is no restriction as to the individual or individuals with whom one can make a joint account.
Yes, typically when one of the joint account holders passes away, the joint account automatically transfers to the surviving account holder. However, it is advisable to consult with a legal professional to determine if any specific actions need to be taken, such as transferring the funds to an estate account.
When you file for bankruptcy, all your assets are revealed to the trustee and basically frozen. No, a creditor probably won't put a hold on your savings account after you file but they can until your bankruptcy is discharged. Usually a letter from your attorney saying you have filed bankruptcy will stop this action.
Yes, you can open an account with anyone you choose to. Just be careful though! Who ever is the primary on the account (the person listed first on all of the paperwork) will be held responsible if the other joint holder overdrafts the account, and this primary account holder can also be put onto chexsystems do to the joint owner's actions.
I hate to break it to you, but if it was a joint account, there is absolutly nothing you can do about it. The best thing for you to do is to keep your money in an account that she does not have access to. I am sorry to hear that such a crappy thing has happened to you, but there really is nothing you can do about it.
A beneficiary is the person to whom the proceeds of a bank account will be paid in case of the demise of the account holder. In case of a joint account holder, there will be legal heirs or immediate family members of both account holders. So in the case where either or both of the joint account holders are dead, the bank will be in a fix as to whose family needs to be paid the money that is held in the account. In such a situation the presence of a nominee or beneficiary will be useful to decide who gets the money.
A third party collector generally attempts to collect or settle on the debt by using conventional means, such as mail and telephone contact. They can file a lawsuit and if they prevail they will be awarded a writ of judgment which can then be executed against any non-exempt property that is owned by the judgment debtor. Some methods of collecting a judgment are wage garnishment, bank account levy, liquidation of non-exempt assets, liens against real property. The laws of the judgment debtor's state determine how and what property can be protected from creditor attachment.
If you are the joint-owner of the account you have already have access to the money so there is no reason to levy it. If you are not the joint-owner then you can't levy the money in the account, only the money paid to him via his paycheck. The levy would cause his employer to divert some of the funds that it pays to him, before he receives it.