Can a creditor garnish your bank account if they have already garnished your wages but you were given a partial exemption?

They filed for a garnishment and I was given a partial exemption but now 10 months later they have garnished mine and my husband’s checking account. If I remove my name from the checking account can they still do this? Are they able to garnish both at the same time?

Asked on November 6, 2011 under Bankruptcy Law, Oklahoma


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a judgment against you where the judgment creditor is garnishing your wages where you were given a partial exemption, the judgment creditor can also levy upon your bank account as well to get the judgment you owe paid off.

If you remove your name from the bank accounts and place them in your husband's name, there is the possibility that one-half of all monies in your husband's accounts could be subject to levy under your state's laws based upon marital debt.

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