Virginia law permits judgment creditors to freeze a debtor's bank account through garnishment.

Hon. Because the bank account is jointly owned by you and your boyfriend, yes, the garnishment is legal.

A joint account belongs, during the lifetimes of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, except that a joint account between persons married to each other shall belong to them equally, and unless, in either case, there is clear and convincing evidence of a different intent. This legal tactic requires that the bank freeze the money in the debtor's account and eventually send it to the creditor. At that time, there were in the bank one checking account and one savings account, each in the names of "Freddie W. Lewis or Janie M. Lewis," in the total amount of $9,909.46.Freddie W. Lewis thereafter filed a homestead deed claiming the sum of $3,780 of the $9,909.46 as exempt under Code | 34-4.At a hearing in the trial court, Janie M. Lewis, wife of Freddie W. Lewis, intervened and claimed a one-half interest in the funds on deposit.

Code | 6.1-125.2 states that these provisions concern "beneficial ownership as between parties" and "are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts." -- A. That means a creditor may be able to garnish both joint accounts and an account the spouse holds separately. This not only shields a spouse’s bank account in most cases, it has an impact on joint accounts as well. For example, if you are married, then it’s likely that you and your spouse share a bank account. Creditors may be able to garnish a bank account (also referred to as levying the funds in a bank account) that you own jointly with someone else who is not your spouse.
See the jurisdictions in which our lawyers are licensed, admitted, or otherwise authorized to practice.Do not assume that you are entitled to any compensation as a result of the consumer complaints you have. Yet, depending on where you live, having another person on your bank account can lead to a debt collector’s levy against that account.As with married couples, there are some states that prohibit garnishment of more than fifty percent of the balance of a joint bank account. In some common law states, such as Iowa or Montana, creditors can garnish joint accounts for a debt held by only one spouse, but can only attach to half the funds in the account, or only to funds attributable to the debtor. In some common law states, such as Iowa or Montana, creditors can garnish joint accounts for a debt held by only one spouse, but can only attach to half the funds in the account, or only to funds attributable to the debtor. [1] They argue, however, that, in the absence of clear and convincing evidence to the contrary, they owned the joint accounts equally under Code | 6.1-125.3.

Tom C. Smith for appellee.

A joint account is a joint account. See, e.g., Griffin v. Prince, [2] | 6.1-125.3. Or, instead you can Thank you for requesting your free case evaluation. Since it was the intention of the General Assembly to place a husband and wife in a position more favorable in relation to creditors than that of other joint depositors by providing a presumption protecting from creditors one-half of their joint funds regardless of the amount of contributions made by each, there is a rebuttable presumption that each spouse owns one-half the joint deposit.4. This is not legal advice. Initially, under Code | 6.1-125.3(A), husbands and wives were presumed to own the funds on deposit in joint accounts in proportion to their respective contributions, but following amendment they are presumed to own the account "equally."2. Joint accounts can be garnished if either of the owners has a judgment. In most states, an account that’s held solely in your spouse’s name can’t be garnished if the debt is in your name only and was not used for anything that benefited her.
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For example, if you transfer all of your assets into a joint account or an account held solely in your spouse's name, a creditor may be able to convince a judge that the transfer was designed solely to shield your resources from a lawfully obtained legal order. The creditor can then ask the court to order garnishment of the debtor's bank account by filing a writ of execution or a Although Virginia law prohibits the garnishment of certain sources of money, no law limits the maximum amount of money a creditor can take. The joint account holders appeal.1.


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