Legal Question in Credit and Debt Law in Missouri

In the state of Missouri I understand that when a company does a garnishment and you have a joint account with other people who are not on the garnishment, the garnishment can't be put on that account because there are other people on the account that are not on the garnishment. I was told that in the state of Missouri they can't do that, is this correct.


Asked on 2/11/11, 12:31 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Your information is partially correct. Depending upon how the account is owned (based upon whcih signature card the bank employee used when the accopunt was set up) the fund may be held in common or in the entirety to use Real estate terms. In some cases the money is not executable by the creditor of one signatory( person on the account) In other instances, it is avalable to the credtior of any o fthe signatories, but those ont on the judgment can ask the court to hold back the portion of the account funds that belong to them.

If the signatories are married, then the creditor of one may not be able to get funds held in a joint account. But, joint qaccounts are rarely agood debt avoidance practice. One can protect themself form another's creditors by making that other person only have access as signatory, but not be named in the title of the account. I.e. "the accoutn fo Joe Jones" wherein Joe allos his friend Sam Brown to use the account. If Sam's credtiors garnish tha tbank, it will probably be returned as "no account" That helps both men. But, if Sam bounces check form that accoutn or oversharges on adebit card, Joe is liable to the bank and the payee, not Sam. For this reason, it is a very risky endeavor for Joe to set up an accoutn like this for Sam. Joe's money coudl be protected from Sam's creditors, but Sam could make Joe indebted to whole new credtiors.

Good luck

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Answered on 2/11/11, 12:55 pm


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