Legal Question in Credit and Debt Law in Florida

I am on a bank account with my FRIEND so that when he is out of town I can pay his bills. A law firm has garnished all of his money out of that account for a Sears credit card that I had 9yrs ago. He is the only contributor to that account. I am not employed. Can they do that? He had nothing to do with this debt. We are not married and they are taking HIS money for my debt.


Asked on 3/01/10, 2:07 pm

4 Answers from Attorneys
Matt E. Bales, Jr., Esq. Bales & Bales, P.A.

If the account is a joint account with both you and your friend having joint rights thereto, then the creditor can garnish same as you have ownership rights in the funds in the account even though you did not make any of the deposits.

Coral Gables Lawyer

www.balesfirm.com

Read more
Answered on 3/06/10, 2:59 pm
David Slater David P. Slater, Esq.

It would be up to him to bring suit to prove all the deposits were his.

Read more
Answered on 3/06/10, 3:27 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

If it is a joint account, then they can garnish this for your debts. He can prove that the money was only his, but he would need to bring suit to do so.

Read more
Answered on 3/07/10, 10:40 am
Angelo Marino Angelo Marino Jr. PA

See my web site on garnishment. Want to know the law without going to law school? Protect yourself against ripoffs? Sign up for a free legal newsletter on various areas of consumer law by going to www.ConsumerLawyerHelp.com.

Read more
Answered on 3/07/10, 7:10 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida