If I have a judgment in County A and a checking account in County B, does the judgment creditor have to file a writ in County B to attach my checking account?

Question Details:

Also, if I remove all funds except husband's SS retirement and small pension, is there anything else I need to do to protect it from a levy? This is currently a joint account.

Asked 2/3/2012 under Collections and Debt | 35 View(s) | More Legal Topics

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Collections and Debt Law Answers

If you have a judgment against you in one county of your state and you have a checking account in another county in the same state, the judgment creditor in order to levy upon your checking account obtains a writ of execution in the county where the judgment arose.

The judgment creditor then has the sheriff in the county where the checking account is located levy upon your checking account per the writ of execution issued in the county where it was issued.

Any money in the joint checking account that you have written about is subject to the levy regardless if it is your husband's or yours since it is a joint checking account.

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