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    maggie2me's Avatar
    maggie2me Posts: 2, Reputation: 1
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    #1

    Nov 13, 2012, 03:17 PM
    Bank attachment
    I have been served and have 30 days to file a motion. If they get judgement and attach my bank account I have questions:
    1. If they get funds from my acount, can they do it more than once, and how long does the judgement stay in effect?
    2. If I have another account at a different bank can they get a judgement on that account as well?
    3. If I put a second person on my account, can they still attach my funds?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Nov 13, 2012, 03:35 PM
    If they have a judgment against you, they will find all of your bank accounts.

    They will take funds from your account till doomsday if they want to because they have a court order.

    Even if you put a second person on the account, they will attach that person as well, so don't do that, because that will compromise that person too.

    OK, question to you, is how much do you owe?


    Scott,back to you
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 13, 2012, 03:41 PM
    1. If they get funds from my acount, can they do it more than once, and how long does the judgement stay in effect?
    The judgment will stay in effect until it's satisfied. If you mean how long will the writ of attachment last, it normally only is effective as to funds in your account at the time the writ is served on the bank.

    2. If I have another account at a different bank can they get a judgement on that account as well?
    A judgment is a court finding that you owe the money. A writ of attachment is normally a post-judgment remedy; something different than the judgment itself. They would have it served on each bank. Local rules vary as to whether they will need several writs or only one.

    3. If I put a second person on my account, can they still attach my funds?
    Yes. If you are still on the account, chances are they can attach the funds. In fact, even if you were to transfer the account to that other person alone, the transfer could be subject to attack as a fraud on creditors.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #4

    Nov 13, 2012, 04:28 PM
    Well I got no 3 right, but doesn't the picture change AK, we not knowing how much the OP owes?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Nov 13, 2012, 07:09 PM
    ... but doesn't the picture change AK, we not knowing how much the OP owes?
    I don't know how it would. If the judgment is for $1,000,000, and they tap a bank account for $1.00, that's all they get. On the other hand, if there's $10 mil. In the account, the bank would only pay the $1 mil.
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