and the person's father is also on the checking account, can funds still be levied or garnished? I know that having a spouse on the account doesn't necessarily prevent this from happening, even if the spouse is not the one who has been sued and had the judgement against him. However, if a third party is present on the account, such as a father, and he is not part of the judgement, will this prevent a bank garnishment from happening??
2007-07-19 02:30:57 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If that prevented garnishment, wouldn't everybody with a judgment against them put their mom, dad, or brother on their account?
The internet is a lousy place to get legal information. Call the attorney who represented you in the action ending in the judgment, or call the bank.
2007-07-19 02:40:36 · answer #1 · answered by Anonymous · 0⤊ 0⤋
A garnishment order from the court freezes what is in the account(s) at that particular time. Usually, the period is for around 90 days. During this time, if you think the seizure was wrong or to claim that amount in your account that is protected by state exemption law, you have the right to request a hearing with the court. If you do nothing, the amount will eventually be ordered turned over to the creditor by the court. However, this does not mean they will keep taking money from your account as you put it in. Each time the creditor wants to seize your account, it must apply to the court for a new order. It wouldn't be wise to put any more money in your account since you won't know when this will happen again. So, you should open new accounts in a different bank and never give out the name of the bank to anyone. The garnishment can't issue if the name of the bank isn't known. But, you are still subject to being called into court and examined under oath as to where your money is. Then, of course, you must answer. This will continue until the judgment is paid in full. James
2016-04-01 01:37:44 · answer #2 · answered by ? 4 · 0⤊ 0⤋
No, at least in Michigan. Call the bank and talk with them to be sure.
I would recommend that Dad gets back what he can and opens a new account without the person the levy is against on it.
2007-07-19 02:35:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Depends on local law. The third party will have to intervene in the action and prove the funds were his and not joint. Overcoming the presumption that funds in a joint account are joint funds is difficult.
2007-07-19 02:37:37 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Won't work. If your name is on the account, they can garnish funds.
2007-07-19 02:34:50 · answer #5 · answered by Michael C 7 · 0⤊ 0⤋