[SunDebt]

I realized that with Citibank, the a joint account is subject to Garnishment. Is that the case with all Banks?

[RickJ]

Yes, it is. If an account type is garnishable in your area, then any bank where that account type is must comply with a court ordered garnishment.

[mr.yet]

Is the garnishment on a joint account for the credit card, if so then, yes they can, If the credit card was in sole individual than it may not. It depends on which state you live.

[SunDebt]

Thanks. The Creditcard Debt was only one individual, the garnished bank account is joint. This is for NY State.

[RickJ]

Ouch. If the account has already been garnished, then the garnishment was granted by the court.

So back to your original question, this would be the case regardless of which bank that account was at.

[SunDebt]

Yes I realize it was granted by the courts but my question was whether the bank was remiss on honoring it since the account was joint and because different banks and states are subjec to different rules.

[RickJ]

I hope I did not sound demeaning. Sometimes folk just don't comprehend the process.

I scrounged around quite a bit and cannot find the letter of the law for NY regarding this. I did, though, find 2 interesting things:

1. In some states the bank may "refuse with impunity" a garnishment order on a joint account if the debt is in the name of only one of the joint accountholders.

2. Also, in some states, "ownership of the money" can be a key factor; that is, who deposited the money, who took out, etc...

Sorry I wasn't able to do better.

mr. yet, do you have an online source for this?

[mr.yet]

Where was the judgment obtain from? New York or another state? Was the judgment transfer to New York, Are you party to the judgment?

[mr.yet]

If this is less than 30 days, file Motion To Quash the garnishment, If the person whom owns the funds in the account can prove the funds are their along, they will have a chance to quash the garnishment, it must to material proof of ownership. If this is a judgment from another state File a Motion to Dismiss lack of Jurisdiction.



When did the entry of judgment start?

[SunDebt]

Not demeaning at all. I have sent a letter to dispute within 30 days. Judgement was from NY and executed in NY. Thanks for the two points. Cheking with bank re your point and ownership of money will come in handy if I need to go to court.

[Fr_Chuck]

I hear people many times saying that a garnishment can't be done to joint accounts , and it may be so in your state, many many states allow garnishments of any account that has your name on it.

That is why we have on here dozens of people, mothers who were garnished from their sons debts, boyfiend/girlfiend accounts and so on.
I believe they will allow it if you don't show up in court at the hearings where they fnd you in default and order the garnishments

[froggy169]

Mr. Yet.
Ref to your answer on the joint account. I was told that if the debt is only in one persons name that they can only take 50 % of what is in the account.