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?

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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?

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 on February 3, 2012 under Bankruptcy Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

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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