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    angmarie33's Avatar
    angmarie33 Posts: 9, Reputation: 1
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    #1

    Aug 5, 2007, 10:02 AM
    Garnishment of bank account
    Can a creditor garnish a joint bank account in Tennessee if your not married to each other an the debt is only against one of you even if its not your money an you have proof.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 5, 2007, 12:35 PM
    Yes they can attach or freeze that bank account. Then the person who does not have the judgement against them will have to file a injured party motion to release those funds that are thiers.

    So the money will be froze till you prove in court it is your money
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 5, 2007, 12:42 PM
    As long as you are a joint owner of the asset, they can attach it.
    angmarie33's Avatar
    angmarie33 Posts: 9, Reputation: 1
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    #4

    Aug 5, 2007, 09:07 PM
    Quote Originally Posted by Fr_Chuck
    Yes they can attach or freeze that bank account. Then the person who does not have the judgement against them will have to file a injured party motion to release those funds that are thiers.

    So the money will be froze till you prove in court it is your money
    So does he need to go to my garnishment hearing with me ?or does he need to file a motion to Quash Garnishment ?:
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 6, 2007, 05:25 AM
    Garnishment hearing? The only hearing you get on a garnishment is if you are trying to stop it AFTER its been served. Is that the case? If so, then he will need to prove all the money in the account was his. And yes he should go to your hearing.
    angmarie33's Avatar
    angmarie33 Posts: 9, Reputation: 1
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    #6

    Aug 6, 2007, 05:32 AM
    Quote Originally Posted by ScottGem
    Garnishment hearing? The only hearing you get on a garnishment is if you are trying to stop it AFTER its been served. Is that the case? If so, then he will need to prove all the money in the account was his. And yes he should go to your hearing.
    thanks yes on the back of the paper that was mailed to me in small print said I had 14 days to file for protest to stop garnishment
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