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If you have a judgment against one spouse, but not the other, and the married couple owns a joint bank account, whether you can levy all of the money in the account, only one half of the money in the account, or none of the money in the account depends on state law.
To learn what happens to joint accounts you own with someone other than your spouse, see Bank Levies on Joint Accounts (Nonspouse). We've helped 205 clients find attorneys today. Find out if a creditor can garnish funds from a joint bank account if it has a judgment against your spouse.
A debt collector may be able to garnish your joint bank account. Three factors in determining whether or not garnishment is possible are the state where you reside, the relationship between you and the joint account holder, and the source of the funds in the account.
30 Οκτ 2023 · Creditors might be able to garnish a bank account (also referred to as "levying" the funds in a bank account) that you own jointly with someone else who isn't your spouse. A creditor can take money from your joint savings or checking account even if you don't owe the debt.
As long each spouse keeps a separate bank account, a garnishment order against one spouse cannot be applied to the account of the other. However, even in these states, if the spouses take out a joint account, the creditor of one can reach it via a garnishment order.
7 Φεβ 2022 · Creditors may garnish a bank account or levy the funds in an account you jointly own with someone other than your spouse. Even if you don’t owe the debt, creditors can take money from your joint savings or checking accounts.
State law varies on whether a bank can garnish a joint account and in what manner. However, many states consider who actually owns the account. With a joint account, the presumption is that both account owners own all of the funds.
