Home > Research Legal Advice > Debt Collection > Can a bank joint bank account be garnished in Fl if the person who the d...
Asked 7 months ago - Cape Coral, FL
Flagthe wife has the debt but the collection company put a hold on their checking and saving accounts thru the bank . The husband has theonly income that pays all the bills
There are exemptions which can protect the property (bank account) of a person who is not head of household. In most instances, the bank account of head of household is exempt from garnishment. However, unless the creditor does not meet certain notice requirements, or if certain exemptions do not apply, a non-head of household's bank account may be garnished.
I think your question suggests that the person holding the bank account is not the debtor? If that's the case, the creditor cannot garnish the account of the non-debtor, but the non-debtor will have the burden of proving it's his money. It's gets more complicated if the account is a "marital asset" under FLorida law (it's called "tenancy by the entireties"). You should speak to an attorney who can clarify the facts and inform you of your rights and options.
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