Legal Question in Credit and Debt Law in Florida
credit cards creditors
Can an attorney levy, garnish or lien a Joint Bank account when the defendant is the spouse only but the account is on both spouses name. I live in Florida
Asked on 5/12/09, 7:50 am
2 Answers from Attorneys
Angelo Marino
Angelo Marino Jr. PA
Re: credit cards creditors
No. If the attorney knew in advance this was a joint account with a right of survivorship, then the attorney cannot do this. Unfortunately, many banks do not have joint accounts this way unless you insist on it. Check with your bank. If the account had been done the right way, then no garnishment can be make.
see www.ConsumerLawyerHelp.com for links on this issue.
Answered on 5/12/09, 9:58 am
David Slater
David P. Slater, Esq.
Re: credit cards creditors
Yes. It will then be up to you to show that the judgment debtor contributed nothing to the account, and have the lien vacated.
Answered on 5/12/09, 6:48 pm
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