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OnTheSide
Feb 17, 2008, 03:53 PM
Here's an interesting question. Suppose you are part of a bank account with multiple names on the on the account. Family, roommates, business partners, whoever... but say there's three or four names who all have access to this bank account to deposit and withdraw. One person on this bank account encounters a large debt that they are unable to pay and receive a writ of garnishment. Can the entire bank account be garnished because one person on the account owes this debt?

The state in question is Arizona.

Any insight into this kind of an issue would be greatly appreciated.
Thanks!

N0help4u
Feb 17, 2008, 04:41 PM
Yes they can. You have the burden of proof as to what portion is yours and so forth to prevent them from taking your money.
Don't deposit any more money in the account and get taken off it.


Format Document (http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/12/01595.htm&Title=12&DocType=ARS)

Fr_Chuck
Feb 17, 2008, 05:16 PM
The entire bank account will be frozen, the other people, on the account will have to show and prove to the court what part of that money is theirs.

Justice Matters
Feb 17, 2008, 05:42 PM
We concur with the previous two posts. All that we would add is some jurisdictions in certain circumstances have special rules for creditors who wish to seize assets that are jointly owned such as a joint bank account.

In the case of a joint bank account, if the co-owner takes no steps to dispute the garnishment then the entire bank account will be deemed available for seizure.

Fr_Chuck
Feb 17, 2008, 06:49 PM
We concur with the previous two posts. All that we would add is some jurisdictions in certain circumstances have special rules for creditors who wish to seize assets that are jointly owned such as a joint bank account.

In the case of a joint bank account, if the co-owner takes no steps to dispute the garnishment then the entire bank account will be deemed available for seizure.

Had to spread the love,

But yes very good and true, often when we give answers they are in general, normally, most of the time, usually answers.

Often we also answer from the view point of the law in our nation, and if the US our state. In the US, various states can have special laws that differ greatly from other states.
An example in some states you can't even garnish bank accounts for most judgements