Legal Question in Credit and Debt Law in New Jersey
debt collection
can a debt be collected from an individual out of a joint bank account?
Asked on 1/01/09, 6:52 pm
1 Answer from Attorneys
John Corbett
Corbett Law Firm LLC
Re: debt collection
Yes under most circumstances. The exception is when the "joint" nature of the bank account is for convenience and the equitable title to all the money in the account really resides in the non-debtor owner. The rule applies even to the individual debts of spouses provided the money all belongs to the other spouse and that can be proved.
If an attachment is to be vacated, it is necessary that ALL of the money in the account belong to the non-debtor owner. The court is not going to sift through the accounts to see how much each named owner actually owns.
See also: http://info.corbettlaw.net/lawguru.htm
Answered on 1/01/09, 11:38 pm