If we issue a bank garnishment on an account where our debtor is listed as a seconday only, is it legal for the bank to freeze the account? This is not a joint account and the primary is not listed on the actual garnishment/execution form.
State laws can differ on garnishment rights and it may depend on the source of the garnishment itself. Generally, garnishment or other similar actions will apply to any account on which the garnishee is an owner, regardless of whether a name is listed first, second, third, etc. As an owner of the funds, the customery are empowered to withdraw all of the funds in that account. The bank may then freeze the funds for a required period of time which allows the customer time to respond, for a court to carry any actions further, etc.
BankingQuestions.com is a free service made possible by the generous support of our advertisers. Advertisers are not responsible for site content. Please help us keep BankingQuestions.com FREE by supporting our advertisers. When you see an ad for a product or service you may have an interest in, click through to learn more.