Legal Question in Bankruptcy in California

Property that can be used to pay damages in legal proceedings

My question is regarding extent of liability in legal matters.

Suppose Person A and Person B have joint bank and brokerage accounts. A and B are not spouses but have a family relationships i.e. father/son, brothers, etc.

Suppose Person A owes hospital bills and the hospital goes to court to claim hospital charges. Would a court consider joint accounts of Person A and Person B as property that can be used to pay back any damages or claimed amounts. Or would the court try to determine what are the true assets of Person A (including possibly a portion of the joint account) and then use the assessed assets to pay damages.

Does this work the same way if Person A was involved in an accident and was sued for damages?

Appreciate your response.


Asked on 1/01/09, 2:10 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Property that can be used to pay damages in legal proceedings

The court wouldn't necessarily consider that. If the creditor obtains judgment, it could have the sheriff levy any account that bears the judgment debtor's name. The same is true with a judgment arising from an accident. That's why drivers carry insurance.

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Answered on 1/01/09, 2:38 am


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