Legal Question in Credit and Debt Law in New York

Re: joint bank account

yes they can. If her name is on the account a judgment creditor has the right to FREEZE the account. Getting the funds out of the frozen account is an entirely different matter. Under the law, there is a presumption that money in a joint account is owned equally by the joint owners. However, the presumption can be REBUTTED by proof that all the funds belong to one of the joint owners (as you claim). In that case, the court would NOT allow any of the funds to be removed since they were not owned by the judgment debtor (your wife). If the account is frozen, it will stay that way for ONE YEAR, unless someone (you or the judgment creditor's attorneys) commences a TURNOVER PROCEEDING seeking an Order from the Court that will force the bank to TURNOVER the funds. The turnover proceeding consists of a set of papers that explain to the court what happened to the point where your account was frozen and asks the court to determine how much they can get out of the account. If no one (you) opposes the proceeding, the court will rely on the presumption of half ownership and give half of the frozen account to the judgment creditor. It would be your job to respond to the turnover proceeding (in writing and in advance of the hearing date to the court AND the attorneys who brought the proceeding) with proof that ALL the funds in the frozen account are yours and none of the funds are the judgment debtor's (wife). You would have to appear in court on the return date of the proceeding and speak to the Judge about your response (that you had previously sent to the court and the attorneys who brought the proceeding). Hopefully that would compel the judge to enter an Order directing the bank to UNFREEZE the account. You are also free to start your own proceeding (if the attorneys who froze your account do nothing-remember the account stays frozen for a year if no one does anything) to advise the court that the funds in the account are yours and not the judgment debtors (your wife). You could go to the court and ask one of the clerks there for assistance in preparing, serving and appearing in the proceeding you commence. Good luck!

Re: joint bank account

You bet. The money is presumptively both of yours on a JOINT account.

Pull yours out. Maintain another account.

Good Luck

RRG