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    jbr0399's Avatar
    jbr0399 Posts: 1, Reputation: 1
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    #1

    Feb 25, 2009, 01:02 PM
    Can a Joint Checking Account Be Garnished?
    Can a joint checking be garnished on a joint checking account in the state of Maryland. My wife has a judgement against her and is being told that our joint checking account is going to be garnished. Can this happen without a court hearing? I was not named in the suit and there is no judgement against me. Please advise what I can do to have this stopped before it goes into effect.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 25, 2009, 01:54 PM

    If your wife has a judgement against her then any assets that she is listed as an owner of (like a joint account) are elgible for attachment.

    Generally there is no need for a hearing once the judgement has been awarded. The judgement holder just applies to the court for a writ of attachment or execution and has it served on your bank.

    You MIGHT be able to get the attachment vacated if you can prove that you are the source of the fuinds in that account.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #3

    Feb 26, 2009, 03:47 PM
    Quote Originally Posted by jbr0399 View Post
    Can a joint checking be garnished on a joint checking account in the state of maryland. My wife has a judgement against her and is being told that our joint checking account is going to be garnished. Can this happen without a court hearing? I was not named in the suit and their is no judgement against me. Please advise what I can do to have this stopped before it goes into effect.
    In MAryland you can file with the court a Third Party Claim against the joint account. NOw this will be for only what you deposit in that account, so you need to get you own account asap. Your wife funds are fair game for collections.
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