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  • BANK ACCOUNT ATTACHMENT

    Perhaps you can tell me if, in the State of Florida, a collection agency, attorney, mortgage holder or others can attach a personal bank account if that account is a joint account and only one of the parties is being pursued?

    Also, can any of the above collectors attach a corporate account, assuming the debt was not incurred by the corporation?

    Thank you for any direction.

  • #2
    Re: BANK ACCOUNT ATTACHMENT

    I wish to inform you that in Florida, if a bank account is held jointly by husband and wife than it is considered as an account held by the couple as "entireties". A collection agency, attorney, mortgage holder or others cannot attach a personal bank account of the couple if only one of the partners is being pursued for collection of the debt. This view has been upheld by the US District Court for the Southern District of Florida.
    A corporation is a distinct personality from its owners and it is not liable for the personal debts of the owners.

    AFF

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    • #3
      Re: BANK ACCOUNT ATTACHMENT

      Sometimes they wrongly attach the account and you have to go to the court and tell the judge to remove the attachment.

      Comment


      • #4
        Re: BANK ACCOUNT ATTACHMENT

        Originally posted by AFFA View Post
        I wish to inform you that in Florida, if a bank account is held jointly by husband and wife than it is considered as an account held by the couple as "entireties". A collection agency, attorney, mortgage holder or others cannot attach a personal bank account of the couple if only one of the partners is being pursued for collection of the debt. This view has been upheld by the US District Court for the Southern District of Florida.
        A corporation is a distinct personality from its owners and it is not liable for the personal debts of the owners.

        AFF
        I am no longer married. The accounts are jointly held by a Father and Stepdaughter. Does that change anything? My principle concern is a mortgage holder's options. No other debtors.

        Comment


        • #5
          Re: BANK ACCOUNT ATTACHMENT

          Originally posted by AFFA View Post
          I wish to inform you that in Florida, if a bank account is held jointly by husband and wife than it is considered as an account held by the couple as "entireties". A collection agency, attorney, mortgage holder or others cannot attach a personal bank account of the couple if only one of the partners is being pursued for collection of the debt. This view has been upheld by the US District Court for the Southern District of Florida.
          A corporation is a distinct personality from its owners and it is not liable for the personal debts of the owners.

          AFF
          I am facing this situation now in Florida as well ... a credit card collector has frozen 2 of our joint accounts, one is a checking account; and, the other a money market account. The credit card was issued in my name and the judgement is in my name only. Based on your previous forum response (quoted above) joint accounts can not be frozen. Is that correct?

          I have also read in other blogs and forums that if you can prove that the funds (in my case the money market account) were the spouses only and have banks deposits slips, statements, etc. that prove they were hers then those funds can and will be unfrozen by order of the court. Is this a feather in my cap in resolving my situation?

          Comment


          • #6
            Re: BANK ACCOUNT ATTACHMENT

            Originally posted by Unregistered View Post
            Sometimes they wrongly attach the account and you have to go to the court and tell the judge to remove the attachment.
            Can this be done without an attorney and if so where does one find the necessary forms, etc.?

            Comment

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