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If a levy/lien is placed on a bank account for garnishment due to a civil judgement ...? |
and the person's father is also on the checking account, can funds still be levied or garnished? I know that having a spouse on the account doesn't necessarily prevent this from happening, even if the spouse is not the one who has been sued and had the judgement against him. However, if a third party is present on the account, such as a father, and he is not part of the judgement, will this prevent a bank garnishment from happening?? If that prevented garnishment, wouldn't everybody with a judgment against them put their mom, dad, or brother on their account? The internet is a lousy place to get legal information. Call the attorney who represented you in the action ending in the judgment, or call the bank. Won't work. If your name is on the account, they can garnish funds. No, at least in Michigan. Call the bank and talk with them to be sure. I would recommend that Dad gets back what he can and opens a new account without the person the levy is against on it. Worked for Credit Union. Depends on local law. The third party will have to intervene in the action and prove the funds were his and not joint. Overcoming the presumption that funds in a joint account are joint funds is difficult. |
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