Legal Question in Credit and Debt Law in New York
collection
I have a joint bank acount with my son which my SS# is used.My son owes money to a creditor.Can they put a lien onmy account although I have nothing to dowith his Debt?
2 Answers from Attorneys
Re: collection
Yes, if they get a judgment and then are able to locate the account.
Re: collection
Yes. As you set forth, the account is a JOINT account, it is not only your account but also you son's. The law considers the funds in the account to be 50/50 between yourself and your son. You can establish that the source of the funds in the account are yours...and then the judgment creditor cannot reach them...but until you do (requires a court proceeding commonly known as a turnover proceeding) you will have your funds restrained by the legal efforts of the judgment creditor. The can't get the funds out of the bank by the way since they have to start that proceeding to get a court order from the Judge directing the bank to only give the judgment creditor your son's $$...