[NIA]

I had a few questions about garnishing bank accounts. My friend is a lawyer but only started her practice this year, so I would like another opinion since I'm reading several different things on here.
Can a TN judgement garnish your bank account in another state? My friend stated that they cannot, only if that state has a bank branch that is also in TN.
Can they garnish your bank account if it has my husbands name on it too? She told me that both names have to be on the judgement in order to pull from an account with both our names on it. The judgement is only mine.
Can they garnish your income tax?

[mr.yet]

The judgement would have to be transfer to the state you live in now. If judgment is in your name only, they will try to garnish the account, most state allow you to quash the garnishment. The attachment much be signed by a judge in the state you live, as for income tax, I don't know.

[Sghanson]

We have obtained a judgment in small claims court on a tenant. Of course they refuse to pay. We have filed an abstract of judgment. We are in Texas. How can we garnish their bank account if we don't know their account number?

[CaptainForest]

We have obtained a judgment in small claims court on a tenant. Of course they refuse to pay. We have filed an abstract of judgment. We are in Texas. How can we garnish their bank account if we don't know their account number?

Wouldn’t it be a better business decision to get rid of this tenant? Why would you want a tenant who apparently doesn’t pay (hence you needed to go to small claims court).

Recommendation: Start a new thread, it might make it easier for people to respond.

[Sghanson]

Of course we got rid of the tenant--we did not renew their lease but they left without paying last month's rent, trashed it of course, and we had expenses--the judgement was for over $4,000.00 and has already been filed of public record. We just want to enforce it--they moved down the street and we have all their personal info, just not bank account #. Wondered if there is a way to find that out so our lawyer can file a writ of garnishment and have the amount taken out of their bank account.

[CaptainForest]

I've been doing a bit of reading.

It looks like you have to serve his bank with the proper garnishment papers and then they must comply and give you the money in his account.

Similar to if you severed his employer with the proper garnishment papers, then his employer must comply with garnishing his wages.

[Fr_Chuck]

Hello, you are getting some wrong and bad advice,

First, if you have a garnishment it is very easy to have to presented to a judge in another state and honored. ( you would not even be notified and there would be no real hearing, they would just present it to be honored)
So if the find you have money somewhere, they will go after it.

Different states each have their own laws on what can be or what can't be garnished, so it would have to meet that states rules, but if it does, they get your money. ( but of course they have to find it, the harder thing)

Money from joint accounts are always garnished as long as the one party is a listed owner of the account ( not merely an authorised used or signer)
So if you and your wife have a joint account, and you have a garnishment, yes they come and take the money. The spouse that is on the account can file to recover "their" money, but they will have to prove that they had income or that the money in that bank was theirs, paycheck being deposited or so on. Even then they will keep a percentage of it.

Normally the income tax refund would not be garnished, once it is deposited in the bank it is fair game.

And they will take what ever the current balance is, if you have 1000 in the bank but have 900 in checks that have not cleared, they take the 1000 and you have 900 in checks bounce.

[smyoung34]

Ok but what if they are not your spouse or anything to you

[mr.yet]

The other person has to file in court a motion to quash the garnishment, if their funds are in the joint account. Now only the funds that are not part of the garnishment will be released.