Legal Question in Credit and Debt Law in New York

Re: Community Property state

The answer is yes you can restrain a joint account. It has nothing to do with community property...a joint account can be restrained. You won't, however, be able to seize the restrained funds UNTIL you obtain a turnover Order from the court...you will have to bring in the bank and the non-judgment joint owner of the account as well as the judgment debtor. The court will determine what percentage of the funds are owned by your judgment debtor and direct the bank to turnover those funds to you. There is a presumption that funds in a joint account are owned 50/50. Depending on where you are located and the court you must proceed in, the proceeding can become quite expensive. I hope your judgment is worth the effort!