Can bank accounts be garnished if it's a joint account and collection has nothing to do with the other person? 5 Answers as of December 17, 2013

Garnishes come from my divorce 6 years ago from a truck that I was cosigner on that ex let get repossessed. I paid my half per divorce judgment. Is my new husband responsible for this also?

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Sounds like you are both responsible
Answer Applies to: New York
Replied: 12/17/2013
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
Yes, they can. The account will be frozen by the bank upon the bank's receipt of a garnishment summons. You will get notice from the bank. You can then go to court and demonstrate what money that is in the account was deposited from the non-owing person. The court can then determine what amount of the funds in the account can be taken by the creditor. The court cannot and will not allow the creditor to take money deposited by the non-owing person.
Answer Applies to: Illinois
Replied: 12/13/2013
OlsenDaines | Rex Daines
Your new husband is not responsible for your old debt, but your paying off of a debt does not release you from liability on that debt until your ex pays off the other. If your name is on that debt, they can collect from you no matter what the divorce decree states. The divorce decree gives you the right to sue your ex in the even you have to pay off his share of the debt.
Answer Applies to: Oregon
Replied: 12/13/2013
Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
Yes. In Illinois, the funds in a joint account are presumed to be 100% the property of each account holder. The account holders have to be notified of the legal process. They can come into court and show who the funds actually belong to. Also note that there is a $4000 "wildcard" exemption that can be applied to a bank account.
Answer Applies to: Illinois
Replied: 12/13/2013
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Yes you are still responsible and they can arguably garnish 1/2 of the account value. File a motion in the original divorce court to hold your ex in contempt of the divorce judgment because he did not pay his 1/2.
Answer Applies to: Michigan
Replied: 12/13/2013
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