Legal Question in Credit and Debt Law in Georgia

freeze on checking account

My boyfriend and I have a joint checking account, with him being the primary account holder. I now have a judgement against me with a credit card company. They have put a freeze on the account, which I never received anything that they were going to do this. Are they allowed to do this , even with him being primary account holder?


Asked on 5/01/07, 10:07 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: freeze on checking account

There is no such thing as a "primary account holder." I assume you have a joint account and that means you have the right to access all the funds in the account.

For a creditor to levy on or garnishee your account, you firtst have to have previously lost, either by ignoring or losing, a lawsuit. Once you lose a suit, a creditor may seize your assets.

Without seeing the original suit you lost, there is no way to answer if this was done correctly, but odds are likely that a creditor will get it right. About the only way to dissolve a garnishment on a bank account is bankruptcy.

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Answered on 5/01/07, 10:14 am


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