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    shytownb's Avatar
    shytownb Posts: 4, Reputation: 1
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    #1

    Feb 2, 2013, 06:29 PM
    Bank account liens
    Can a lien be put on an account if the account is in the name of two people and only one has the legal problem?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 2, 2013, 06:35 PM
    Yes - that's the short version.
    shytownb's Avatar
    shytownb Posts: 4, Reputation: 1
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    #3

    Feb 2, 2013, 07:10 PM
    Hown can they lay claim to the funds of the uninvolved party?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 2, 2013, 07:17 PM
    The freeze the entire account, and the other person will have to prove in court which of the money is theirs .

    If they don't go to court to do that, then they just take all the money.

    They can because that is the law and they are allowed to do that, it stops people from trying to hide funds that way.

    In fact, lets say that the account is in just the other person, but the debt collector finds that this account is really being used by the other person, they can ask the court to freeze that account even. If they can prove it is really used for and by other person
    shytownb's Avatar
    shytownb Posts: 4, Reputation: 1
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    #5

    Feb 2, 2013, 07:33 PM
    Quote Originally Posted by fr_chuck View Post
    the freeze the entire account, and the other person will have to prove in court which of the money is theirs .

    If they don't go to court to do that, then they just take all the money.

    They can because that is the law and they are allowed to do that, it stops people from trying to hide funds that way.

    In fact, lets say that the account is in just the other person, but the debt collector finds that this account is really being used by the other person, they can ask the court to freeze that account even. If they can prove it is really used for and by other person
    Tyvm
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Feb 2, 2013, 08:00 PM
    OK having to work on this one, old men don't do those codes well.

    Tyvm thank you very much

    Thought of a couple of other possible, but could not post them on a family board
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Feb 2, 2013, 08:05 PM
    Quote Originally Posted by shytownb View Post
    Hown can they lay claim to the funds of the uninvolved party?
    In a joint account both parties are considered equal owners so what is in the account is subject to attachment if either has a judgment.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Feb 3, 2013, 08:15 AM
    All of the funds in a joint account can/will be seized if only one party has the debt. This is a joint account - each party owns 100% because each party can use 100% of the funds without asking the other.

    That's the law.

    The only time I'm aware there is any discussion about percentage is when some of the funds in the account are somehow sheltered, such as SS income.
    shytownb's Avatar
    shytownb Posts: 4, Reputation: 1
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    #9

    Feb 3, 2013, 10:01 AM
    Very helpful... tyvm
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