You cannot garnish a lawyer's trust account.
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I never really thought about this. I guess it would depend on state law. Technically, the trust account is money owned by the client, so I don't see why it would be protected from a garnishment. Once it is earned, it belongs to the attorney and should be promptly removed.
I would like to see some authority from anyone who says otherwise.
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The answer is probably yes, because the money in the trust account belongs to the client. However, having said that, the attorney has a claim against it for any unpaid fees.
If their is more than one client, this obviously clouds the issue even further... In Florida a regular bank account that is jointly held between husband and wife, as tenants by the entireties, is a defense to garnishment for a judgment that is against only one of them.
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Yes with a proper writ of garnishment, a lawyer's trust account, for a specific defendant can garnished, however, if the trust account is held for both husband and wife, and your writ is only for the Wife, this would be a defense, as the Husband has an interest in the account and he is not a party to the action, therefore no asset that is owed by a third party may be garnished. Right now anything that is jointly owed by the Wife and Husband is exempt from a writ of garnishment or levy.