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    aubrey4's Avatar
    aubrey4 Posts: 1, Reputation: 1
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    #1

    Apr 16, 2008, 01:44 PM
    Missouri checking account garnishments
    Can someone garnish a joint checking account in Missouri, if the judgement is against only one of them?
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    Apr 16, 2008, 03:59 PM
    It seems to be a rather confusing answer to this one.

    While I would say no, they should not be able to garnish a joint account, in fact under the right circumstances, it would seem that they can.

    Check out this link for more information.

    James R. Vaught and Joan Vaughn v. Ellis E. Spitz (Missouri 11/20/1984)

    Good Luck to you!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 16, 2008, 06:00 PM
    The 0ther party to the joint checking, will have to normally prove what money in that account is theirs. So if 80 percent of the money going into that account is yours and you have the garnishment, most likely they can get a percentage of those funds. It is much harder but normally what they do is freeze that account and then make the other person prove what is theires.
    This is in general but it is done to protect the debtor from someone hiding all of their funds in an account with a partner who is there for name only
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