Legal Question in Credit and Debt Law in Virginia
Garnishment
Can A creditor or law firm garnish the joint bank account I have with my wife?
Asked on 9/18/07, 4:05 pm
2 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Garnishment
Only if both of you owe the money and are both named as judgment debtors in a valid judgment obtained by the judgment creditor in a court of proper jurisdiction.
Answered on 9/18/07, 4:17 pm
Daniel Press
Chung & Press, P.C.
Re: Garnishment
Contrary to what the other answer stated, a husband/wife joint account is subject to garnishment in VA as to the debts of one spouse unless the account is held as tenants by the entireties, which would require the entireties language on the account documents and would normally require 2 signatures for transactions. Otherwise, the account is presumed to be owned 50/50, and half the balance would be paid to the creditor.
Answered on 9/18/07, 10:27 pm