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eapg9964 · Apr 5, 2006, 08:33 AM

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My father, a disabled retiree, had his bank account frozen or levied yesterday. His only income is from social security, no other income. As it turns out the debt is mine, his daughter's. I was added to his bank account several years ago when he became very ill and hospitalized multiple times. I have never used his account, all moneys in the account are his.

I have read that a judgement creditor cannot levy a bank account that has an uninvolved party listed on that account, unless it is a spouse. My father is not an involved party in the judgement.

Additionally, I never received any court papers. I moved out of the area 2 years ago. I am very much in debt and cannot satisfy this judgement at this time.

I welcome any advice in regards to whether it is legal to hold funds in an account when an uninvolved party is listed on that account. We reside in NY.

RickJ · Apr 5, 2006, 08:38 AM

Actually a bank levy can only be granted by the court... so in other words the court itself did what was legally required (notifications wise) before granting the lien.

Unfortunately it is still "your father's" account even though you "took it over".

Because the funds were yours though, you may have a good case to appeal it. I would file for an appeal.

Fr_Chuck · Apr 5, 2006, 07:31 PM

First yes they can attach any account that your name is on, having a second party does not stop them from freezing the money and attaching it.
Normally it is froze first giving you time to file a injured party request with the court.

He will have to go to the court that did the attachment and prove it is his money not yours.

This happens all the time to accounts of parents who have children on their accounts, we hear this story on here several times a month and on other sites I hear it almost daily on one site or another.

And they would have served your papers to the last known address, if they came back un-deliverable, then the court action would have continued with out you, but it would have went before a judge who would have ordered it.

coolgrannie1 · Jun 10, 2008, 04:04 AM

My sisters account was frozen for the 2nd time. She only has social security going into that account because that is all she has. The bank took out over $500 out of her $800 dollars. Can she recoup the entire amount?