Can You Garnish a Joint Account in Florida?

When a creditor sues a borrower and secures a court-ordered judgment, the creditor may collect its funds by garnishing the borrower's bank account. However, several factors affect whether a creditor is allowed to garnish a joint bank account. In Florida, while asset-protection laws recognize the theory of tenancy by the entirety, the delinquent borrower should contact an attorney to determine the legality of the lender's threatened garnishment.

Tenancy by the Entirety

Florida law recognizes tenancy by the entirety, which states that co-owners of an asset like a bank account each have a 100-percent claim on the value of the asset. Assets include bank and investment accounts, as well as real estate and other property. To qualify, the account's co-owners must be married; co-owners who are not married are not protected under the rights of survivorship. The rights of survivorship guarantee that assets in the account are automatically transferred to the sole ownership of the spouse in the event that the other dies.

Joint Account Garnishment in Florida

In Florida, a joint bank account that was established in Florida -- from a bank that only has branches in Florida -- is exempt from creditor garnishment because Florida recognizes tenancy in the entirety. If a creditor attempts to garnish assets in such an account, the non-debtor spouse should claim that she has 100-percent interest in the account by raising a due-process argument. Although the non-debtor spouse has a strong argument, this approach may only work if the bank doesn't have branches outside the state.

Garnishment of Joint Accounts in Other States

While a Florida married couple's bank accounts are protected from garnishment when held in banks that only have locations in Florida, the situation is less clear if the couple has funds in a bank with branches outside the state. Sunshine State attorney Jonathan Alper described a case in which a joint account was garnished at a South Carolina branch of the national bank where he and his wife jointly held their funds. As a result, Alper recommends that Florida residents bank only in small community banks, where creditors have less reach.

Garnishment When the Co-Owners Aren't Married

Florida law does not recognize tenancy by the entirety for bank account co-owners who aren't married, and as a result, these accounts are more likely to be garnished if one of the owners receives a judgment. Nevertheless, the account owners should consider hiring an attorney to attack the garnishment. If the attorney can show that the account's funds were deposited solely by the non-debtor, then the account may be free from garnishment; however, the court may argue that depositing the funds into the account implied a "gift" of them. As a result, consulting an attorney is advised.