What money cana creditor garnish?
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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 12 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.
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