Can a Debt Collector Garnish a Joint Account?

A creditor has a right to sue a debtor for nonpayment of credit obligations and receive garnishment permission from the court. A creditor can garnish a debtor's wages or his bank account. A creditor can garnish a joint bank account. However, he cannot seize any money that belongs to the joint account holder if he is not a party in the lawsuit.

Garnishment Process

A creditor must file a lawsuit against a debtor and request a writ of garnishment once the court awards it a judgment. A garnishment order allows it to take money from a debtor's bank account up to the amount awarded by the court. The amount may include late fees, interest charges and legal fees. A creditor should forward the garnishment order to the judgment debtor's bank, which immediately places a freeze on all funds in his accounts. The bank will return all checks presented for payment during the garnishment process. Returned-check fees may apply.

Joint Account Exemption

While a creditor can garnish a joint account, he has no right to take the funds that belong to a joint account holder who is not a party in the lawsuit. Neither the judgment creditor nor the bank can determine if the funds belong to a joint account holder. A debtor has to file a joint account holder exemption claim upon receiving a garnishment notice. He may need to provide evidence supporting his claim that the funds belong to a joint account holder.

Community Property States

If a debtor resides in a community-property state and the joint bank account holder is his spouse, the spouse's funds may be also subject to garnishments for debts incurred during the marriage. A creditor may need to obtain a separate garnishment order to garnish the spouse's income. A joint account holder may choose to deposit the funds into a different account to protect her wages until the creditor collects the garnishment amount awarded by the court.

Income Exemption

If a debtor or his spouse receive an income that is exempt from collection, such as Social Security, disability, public assistance, alimony, child support or a pension, a debtor may file an income exempt form and request that the court release the funds. He should present documents, such as letters or statements, showing the source of exempt income. Upon verifying this information, the court can order the release of exempt funds.