Ask Experts Questions for FREE Help !
Ask
    jbr0399's Avatar
    jbr0399 Posts: 1, Reputation: 1
    New Member
     
    #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
    Computer Expert and Renaissance Man
     
    #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
    Ultra Member
     
    #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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is being garnished from checking account as easy as your work check? [ 7 Answers ]

Hello everyone I am new to this but I do have a very important question, well at least to me. I currently reside in Washington state and I am getting garnished directly from my check that I get from work, I was served with papers and went to court were obviously I lost, and have been getting...

Joint checking account [ 2 Answers ]

My mother and her boyfriend of 25 years had a joint checking account in his and her name only. He past away and his kids and the estate want 1/2 of the funds. Also he never got divorced from his first wife. This is in the state of Wisconsin. Do the kids have any rights to the monies?

Garnished checking account [ 3 Answers ]

Hi, What recourses or defenses do I haveagoinst a collection agency that received a judegment enabling them to garnish my account for over 2 thousan$ double the amount they say is owed to them, plus I have to pay $125.00 check garnishment fee. I HAVE 0 BALANCE IN MY ACCOUNT at this moment Thanks...

Creditor Garnished $10k from joint account (OR) [ 6 Answers ]

A creditor sued my wife and won a judgment against her only (in Oregon). I was not a party to the suit or the credit card. I recently found out they garnished $10k from our joint bank account (also in OR). The “writ” was signed by the creditor’s attorney, not the court. The bank was quick to...


View more questions Search