Do creditors have the right to freeze a bank account that is in two names? 19 Answers as of August 25, 2011

The husband is being sued for bad debt. Can the creditor freeze a checking account with both names on it?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
yes, if you commingled your funds. if you can trace the amt that is his then you can likely save that from garnishment.
Answer Applies to: Washington
Replied: 8/25/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
Potentially, yes. If the Debtor is on the bank account he is considered owning the bank account and it will be subject to collection activities.
Answer Applies to: New Hampshire
Replied: 7/19/2011
Tucker Legal Clinic
Tucker Legal Clinic | Samuel Tucker
If the creditor has a judgment it can seize a joint account. If the creditor is the depository bank the account can be seized
Answer Applies to: Mississippi
Replied: 7/18/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
A judgment creditor can levy on a bank account that has the judgment debtor's name on it, even if the account has more than one name on it.
Answer Applies to: California
Replied: 7/18/2011
Ursula G. Barrios Law
Ursula G. Barrios Law | Guillermo Machado
Yes Thank you,
Answer Applies to: California
Replied: 7/18/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    I think you are asking if they can take the money from the joint account. Yes, I have had many parents call and tell me that a child's creditor has emptied their account when the parent did't even know the child was having problems.
    Answer Applies to: Michigan
    Replied: 7/18/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    As a rule a creditor cannot freeze any bank account. You need to talk about the details with a lawyer. There is not enough detail here to give more of an answer.
    Answer Applies to: Texas
    Replied: 7/18/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Yes, the creditor can freeze the account and put the burden on you to prove who is entitled to what.
    Answer Applies to: Indiana
    Replied: 7/18/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    The banks don't look behind the order and the owners of the account. Retain a lawyer to get your money back- if you do iy quickly enough you can get it all back.
    Answer Applies to: Virginia
    Replied: 7/18/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Yes because the money belongs to both and since either co-owner can withdraw it then the creditor of one of the co-owners can do the same. It is not freezing it but having the money paid by the bank to the Sheriff who will send it to the judgment creditor. That is called a "levy" technically.
    Answer Applies to: California
    Replied: 7/18/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Yes, as long as the debtor's name appears on the bank account, it is fair game.
    Answer Applies to: California
    Replied: 7/18/2011
    The Law Office of Marvin Wolf
    The Law Office of Marvin Wolf | Marvin Wolf
    Since each depositor in a joint account is considered to have a right to the entire account, the answer is yes. If you can specifically trace some deposits, you may get around this - but this is hard to do. The freeze will apply to all new funds added to the account so you need to stop direct deposits. Disclaimer: Federal debt relief agent who files bankruptcies, when appropriate. General legal information and not advice - no attorney-client relationship is intended nor should be inferred.
    Answer Applies to: New Jersey
    Replied: 7/16/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, but you can follow the instructions given to you by the bank and contest it, so you can prove it was your money.
    Answer Applies to: California
    Replied: 7/16/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    If the husband has funds in the joint account, creditors can freeze the account to obtain access to the husband's funds.
    Answer Applies to: Arizona
    Replied: 7/16/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Yes.
    Answer Applies to: California
    Replied: 7/16/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    It depends on the circumstances. If the funds are not the other persons it may be possible to have them unfrozen
    Answer Applies to: Florida
    Replied: 7/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Creditors don't "freeze" it. They file a garnishment on it, and yes, they can. Legally an account in two names can be totally seized. In letting things get that far, it means he has ALREADY lost a lawsuit. He should have hired counsel long ago to prevent this. If he quickly hires counsel now, there may still be options to get the money (such as filing Chapter 7 or 13).
    Answer Applies to: Georgia
    Replied: 7/16/2011
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