BANK ACCOUNT ATTACHMENT

This is a discussion on BANK ACCOUNT ATTACHMENT within the Debt Collection forum, part of the BANKRUPTCY & DEBT COLLECTIONS category; Perhaps you can tell me if, in the State of Florida, a collection agency, attorney, mortgage holder or others can ...

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Old Jan 20th, 2010, 03:14 PM   #1
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Default 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.
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Old Jan 21st, 2010, 08:48 AM   #2
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Default 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.

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Old Jan 21st, 2010, 11:38 AM   #3
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Default 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.
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Old Jan 22nd, 2010, 03:40 AM   #4
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Default Re: BANK ACCOUNT ATTACHMENT

Quote:
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.
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Old Feb 3rd, 2010, 11:09 AM   #5
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Default Re: BANK ACCOUNT ATTACHMENT

Quote:
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?
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Old Feb 3rd, 2010, 11:13 AM   #6
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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.?
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