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  1. #1
    Join Date
    Apr 2008
    Posts
    4

    Question Who Can A Judgement Holder Levy On?

    My question involves collection proceedings in the State of: Georgia

    If a collector is awarded a judgement on an individual can they levy on items you own together with a spouse like joint bank accounts, homes with both names on the deed ?
    or can they levy on social security income of the individual?
    or IRA accounts in the individuals name?

    Thank You for your help.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Judgement- Who Can They Levy On???


  3. #3
    Join Date
    Apr 2008
    Posts
    4

    Question Re: Judgement- Who Can They Levy On?

    Thanks Betty, that was most helpful. What is your thought on joint bank accounts when only one has the judgement against them?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Judgement- Who Can They Levy On?

    Expect them to garnish against the joint account and leave it to the other account holder to dispute the garnishment.

  5. #5
    Join Date
    Apr 2008
    Posts
    4

    Question Re: Who Can A Judgement Holder Levy On?

    Thanks Arron,
    How does one dispute a garnishment on a joint account?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Who Can A Judgement Holder Levy On?

    You bring a motion before the court that issued the garnishment order, and try to prove to the court's satisfaction (consistent with state law) that you (the non-debtor) contributed money to the account and that your contribution should not be treated as a joint asset.

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Who Can A Judgement Holder Levy On?

    Since Ga. is not a community property state, they shouldn't go after assets in the non debtor's name only. However, they will go after joint accts./assets - anything that has the debtor's name on it. You then have to handle this as Aaron noted.

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