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Can a bank joint bank account be garnished in Fl if the person who the debt is against doesnt work or contribute to the house?

Cape Coral, FL |
Filed under: Wage garnishment

the 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

Attorney Answers 3


If the account is joint they should not be able to take the money frozen, you have an exemption. They can always freeze the account until you claim the exemption, so act quickly.

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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.

This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton (904) 854-6336.

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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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