Legal Question in Credit and Debt Law in Missouri

what types of bank accounts are not subject to a levy


Asked on 7/23/09, 3:10 pm

1 Answer from Attorneys

Anthony Smith LawSmith

It may be dificult or impossible to list all the accounts that are not subject to levy (attachment) or garnishment. If an account is not in the debtor's name, it would be very dificult for a creditor to attach it. Instead of "joe Jones" account, it could be "Tom Brown as trustee for Joe Jones" Joes' creditors wold have dificulty getting to the account, but Joe would be unable to prevent Tom from spending the money in the account as he wished. If an accoubnt is comprised of the moneys from Social Security or qualified retirment funds, the depositor coudl prevent most creditors from b eing able to attach or garnish the funds. There are other ways to stall if not prevent money from being attached, such as an account held by Husband and wife as Joint tenats with survivorship,. An accunt only in the name of the debtor's spouse would forestall debtor's creditors from getting to it, unless wife is also a debtor to creditor.

Good Luck

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Answered on 7/23/09, 3:36 pm


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