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  1. #1
    Join Date
    May 2008
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    5

    Default Judgement And Child's Savings Account

    My question involves judgment recovery in the State of:Ohio

    Can they take money from my sons account if I am a signer on his account?

    Thank You

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Question Re: Judgement And Childs Savings Account

    Whose social security number is on the account?
    Who are 'they' and what type of 'judgment' was this?

  3. #3
    Join Date
    May 2008
    Posts
    5

    Default Re: Judgement And Child's Savings Account

    My kids social

    It was a credit card and the letter I got said a judgement was entered in Common Pleas?

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Judgement And Child's Savings Account

    It should be safe. However, they may try to seize it. You will then have to go to court & prove that the money in the acct. is your sons.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  5. #5
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Judgement And Child's Savings Account

    Quote Quoting B-n-J
    View Post
    My question involves judgment recovery in the State of:Ohio

    Can they take money from my sons account if I am a signer on his account?

    Thank You
    You may have to list it as an assest if it comes down to a declaration of them when they try to identify sources to seize/garnish???

    First, I would not take my name off of the account, this may be considered a fraudulent conveyance of some type?? I am not saying it is outright questionable, but I would not recommend it. I might personally if I had a judgment against me, but I can not suggest it for another.


    I agree with Betty here. If the account was opened in his name as one of his assests and you are merely a joint holder for parental/estate purposes, etc., I can't see any forfeiture here.

    We can equate this somewhat to the "innocent owner" exception/doctrine.

    Example, you lend Joe your car, a good buddy. Joe is arrested for transporting drugs and your car is subject to an assest forfeiture.

    You had no knowledge of Joe's activity and can prove it, you are an "innocent owner" and the law may not permit your vehicle to be seized.

    Your son is an innocent owner, for lack of better terminology, and your judgment can not be imputed to him, joint account or not.

    What I say is not absolute law, of course, but as Betty points out, IF it is attempted to be seized, you and your son may have to provide affidavits to the facts.

  6. #6
    Join Date
    May 2008
    Posts
    5

    Default Re: Judgement And Child's Savings Account

    Thank You for your advice

  7. #7
    Join Date
    Aug 2007
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    3,837

    Default Re: Judgement And Child's Savings Account

    Quote Quoting B-n-J
    View Post
    Thank You for your advice

    You are welcome!!

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