10 March, 2021

Joint Accounts are No Longer Proofed against Creditors

Joint accounts are no longer safe from creditors.  However, the threshold for garnishing such accounts is high.  The creditors have to prove to the court probable cause that much of the funds in the account belongs to the debtor.  That level of burden of proof makes it difficult to get such an order.  That being said, there is precedent now.  A determined creditor has this option.  If the amount is large enough, it would make sense to allocate resources and time for a deeper process of discovery.




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