Legal Question in Consumer Law in Florida

can they freez my bank account if my husband has a debt . his not in my bank account.?


Asked on 1/23/15, 4:21 am

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

In FLORIDA, the simple answer is that in order for someone to "freeze" (the correct term is garnish) a bank account, they must first obtain a judgment against the holder of the account. Then "they" must file, and serve a garnishment on the bank with notice to the debtor (the person the judgment is against). This does not apply to the IRS, as they are allowed a different set of rules. Simply being married to someone does not subject the spouse to responsibility for the debt. However, if the judgment is against you also then your assets could be garnished.

Even if a judgment is obtained, there MAY be defenses to garnishment available to the debtor that would prevent the creditor from getting the money. You (your husband) should consult with an attorney who handles debt resolution issues for more specific advice related to your situation.

There are complex ways that a judgment creditor could gain access to the bank account of a person they don't have a judgment against, but that would require a separate court action and you should be aware of the court case if that were going on.

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Answered on 1/27/15, 6:09 am


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