Skip to content

Menu

HomeAboutServicesContactResources
By: Samuel J. Turco Jr.

Nebraska Debt & Bankruptcy Blog

Published by
Samuel J. Turco Jr.

Garnishment of Joint Bank Accounts

By Sam Turco on September 9, 2016
Posted in Bank Account, Debt Buyer Lawsuit, Debt Settlement, Exemption, Garnishment, Medical Debts

ATM Dude

A recent client came to me when the bank accounts she shared with her husband and children were all hit by a garnishment summons.

Can they take all of it? Most of the money is from my husband’s paycheck and I’m only on the children’s accounts because they are minors.  Can the creditor take all their money too?

Nebraska Statute 30-2722 provides the answer:  “During the lifetime of all parties, an account belongs to the parties in proportion to the net contribution of each to the sums on deposit, unless there is clear and convincing evidence of a different intent. As between parties married to each other, in the absence of proof otherwise, the net contribution of each is presumed to be an equal amount.”

To protect the innocent joint account holder, the judgment debtor must do two things:

  1. Request a Garnishment Hearing.
  2. Provide the court with documents (typically bank statements and paycheck stubs) showing whose earnings were deposited into the bank account.

Time is of the essence in these matters because if a hearing is not requested in a few days the court will automatically order the bank to send the funds to the creditor.

The basic idea here is to prove who earned or contributed the money on deposit.  Bank statements tend to show Direct Deposit information that helps identify the source of the deposit.  Paycheck stubs with the name of an employee that correspond to the amount of a deposit also are of great use.  If a deposit was in cash then you might need to get a sworn statement to provide additional information about the source of the deposit.

This brings up the next question.  What about the money you own in the account? Can you protect it?

Yes, you may protect up to $2,500 of funds on deposit if you request a garnishment hearing and file and then claim the funds as exempt.  Read this article to learn more about exempting your bank account.

Image courtesy of Flickr and osseous.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Sam Turco Sam Turco

I was born and raised in Omaha, Nebraska, the 3rd of six children.  We grew up in the meat packing district of South Omaha.  I graduated from Omaha Central High School 1985.

 My wife, Kathy, and I are raising 3 children.   Outside of…

I was born and raised in Omaha, Nebraska, the 3rd of six children.  We grew up in the meat packing district of South Omaha.  I graduated from Omaha Central High School 1985.

 My wife, Kathy, and I are raising 3 children.   Outside of work, I spend a lot of time escorting children to sporting events while trying to sneak in a long bicycle ride on the weekends.

Areas of Practice
  • 100% Bankruptcy Law
Litigation Percentage
  • 5% of Practice Devoted to Litigation
Bar Admissions
  • Nebraska, 1992
  • Iowa
  • U.S. District Court District of Nebraska, 2010
  • U.S. Tax Court
Read more about Sam TurcoSam's Linkedin ProfileSam's Twitter ProfileSam's Facebook Profile
Show more Show less
Related Posts
3108696178_07b2f41c74_z
Do Suggestions of Bankruptcy Constitute an Appearance of Counsel?
October 9, 2018
Glenvil_Nebraska_Winters_Ave_2
File Response to Lawsuit Even When You Owe the Debt
December 2, 2015
3053916892_79ff5ef91c_b
Cheap Bankruptcy Attorney
November 27, 2015

About Us

Samuel Turco is a native Nebraskan whose wealth of knowledge and experience in bankruptcy law, along with a rich understanding of the issues faced by those in all corners of the state, has been instrumental in building a bankruptcy law practice adept in always seeing things from the client’s perspective.

Read More....

Stay Connected

Subscribe via RSS Subscribe via RSS

Topics

Archives

Recent Posts

  • 8th Circuit Strikes Down SAVE Student Loan Plan
  • Nebraska Homestead Exemption: New Bankruptcy Court Opinion Issued
  • Why Getting Sued is a Good Thing
  • How to Fill Out the Lawsuit Answer Form
  • Make them Produce Documents
Main Office
3006 South 87th Street
Omaha, NE 68124
Phone: (402) 939-6050
Fax: (402) 939-0960
Subscribe via RSS Subscribe via RSS
Privacy PolicyDisclaimerResources
Copyright © 2025, Sam Turco Law Offices. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo