Bank accoun frozen due to debt and judgment of other in Florida

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I reside in the State of Florida and apparently a judgment has been filed against me with a credit card company, who has placed a hard hold / seized my estranged wife's bank account as my name was on the account (even though she was the owner of the account). Is this legal for the attorney for the credit card company to do as the judgment is solely in my name.. I thought this was illegal in Florida and is law that they cannot freeze my wife's account. Please advise. Thank you.

Attorney Answers

2
Jeffrey Lampert ·
A writ of garnishment in Florida is not directed to a particular account--it is directed to a bank and then the bank determines whether an account is subject to the garnishment. You and your wife can each make a Motion to Dissolve the Writ because the property garnished belongs only to her and not to you.
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Richard Elie ·
Florida has a unique set of laws that regulate how bank accounts are viewed. If the account is held as husband and wife then its an entireties account, and cannot be garnished if one spouse has a judgment and the other is not on that judgment. This heavily depends on the title of the account (as in what's on the account card or contract). If the account is held as a joint tenancy, then its possible to argue entireties, depending. These cases address the issue but I would suggest contacting an attorney who handles debt collection defense work and do some investigating FAST to determine how the account is held. 655.79 Fla. Stat. provides that any bank account owned by husband and wife is presumed to be a tenants by entireties account unless there is clear and convincing evidence of their contrary intent. A creditor could rebut this presumption of entireties bank account. There is a bar article on it here: http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/SMTGT/Are%20Florida%20Laws%20on%20Tenancy%20by%20the%20Entireties%20in%20Personalty%20as%20Clear%20as%20We%20Think%3F There is also a case that covers this issue called Beal Bank v. Almand and Associates, link here: http://www.floridasupremecourt.org/decisions/pre2004/ops/sc93384.pdf Click on "Find a Lawyer" above and locate a debt collection defense lawyer in your area to assist you with this.
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