Legal Question in Credit and Debt Law in Virginia
creditor levy on joint account
are the creditors allowed to recover debts of one of the account holder from a joint account...can the creditors levy the entire account balance to repay the debt?
1 Answer from Attorneys
Re: creditor levy on joint account
If a creditor garnishes a bank account held as a joint account, you should immediately file an objection. It has been a while, but I think that there should be instructions in the package they gave you. If not call the Clerk's office in the Court.
If you properly object, this will trigger an immediate hearing. They will have to provide notice to the joint account holder.
And then you demonstrate how much of the money in the account comes from which account holder.
The creditor can only take the money that belongs to the debtor, the percentage or amount contributed by the debtor, NOT the money belonging to the other account holder.
However, unless you object, no one will know that there is an issue about this.