QUESTION
How can I protect money in a joint bank account from a garnishment?
Asked on Aug 17th, 2016 on Debtor and Creditor - Florida
More details to this question:
I have a lien against just me personally from a foreclosure from my old business. The business went through bankruptcy but I did not go personally bankrupt. The lien is just in my name. I have not made any income since the business went bankrupt over 10 years ago. The only thing in my name is a joint account with my spouse and savings accounts for my minor children were I am a signor. I have filed exemptions for my husband as head of household. All the money in all accounts are 100% from my husbands wages, which can be proven. What exemption can I file for m sons' saving accounts? If all the money in the joint accounts is from my husbands paychecks, is that safe from garnishment because it's not my money?
1 ANSWER
Michael H. Fayard
Generally speaking, the money in the accounts should be completely protected. Your husband, however, will most like have to file an objection and claim of exemption to the accounts. Then he will need to set a hearing in order to prevent the money from being taken or to return the monies that were taken.
If you need general information about the process, most clerk of court's websites have information about garnishments. They also provide forms and notices for the hearings. If you get served with a garnishment and you can't find what you are looking for, contact an attorney to help you. A detailed review of the pleadings you receive will be the best starting place.
Answered on Aug 18th, 2016 at 6:39 AM