What money cana creditor garnish?

Get Legal Help Today

 Secured with SHA-256 Encryption

What money cana creditor garnish?

RECENTLY A GARNISHMENT FOR OTHER PROPERTY WAS AWARDED; I FILED FOR A HEARING. MY HUSBAND AND I HAVE SEPARATE ACCOUNTS BUT I DEPOSIT OUR TAX RETURNS IN MINE AND RECEIVE UNEMPLOYMENT IN THAT ACCOUNT. I ALSO RECEIVE FINANCIAL AID FOR COLLEGE THAT GOES INTO THAT ACCOUNT. CAN THE CREDITOR TAKE MY FINANCIAL AID AND TAX REFUNDS?

Asked on July 22, 2011 Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A creditor can garnish all "non-exempt" funds that are held in either a debtor's name alone or jointly. Therefore, any accounts that you and your husband hold together should be closed and re-opened in his name alone (merely taking your name off of the account may not be legally sufficient). As for what funds are non-exempt, unemployment benefits would qualify, but none of the other funds you mentioned would. So again, close all accounts with your name on them.

Note: You may have funds that a creditor cannot attach directly, such as a tax return; a creditor can't seize this money from the government. But once its paid to you and put into an account it is fair game for a creditor.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption