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  1. #1
    Join Date
    Apr 2008
    Posts
    5

    Default Power Of Attorney And Account Garnishment

    My question involves judgment recovery in the State of:Florida

    I am the sole debtor in a judgment. If my wife opens a brokerage account under her name alone but gives me power of attorney to trade her account, can the creditor garnish her account? I am assuming they can not because the account is in her name alone and therefore it’s her money. I am just given permission to trade her money. Am I assuming correctly?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,878

    Default Re: Power Of Attorney

    Your creditor may try to convince a court that it's really your account and you're hiding behind your wife's name. If the court agrees, it can authorize garnishment.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,241

    Default Re: Power Of Attorney And Account Garnishment

    The creditor most likely will go after anything with your name involved. It will then have to be proven by you/your wife to the court's satisfaction that the assets/money in the acct. is your wife's only.
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