Everyone, it seems, in a lawsuit, wants to know if you can freeze a bank account. Can you garnish someone’s wages? Well, a recent Palm Beach bank account case just went to the Palm Beach appeals court. Anyone suing someone for money and who wants to “attach“ or “garnish“ wages or bank accounts may want to read this Palm Beach bank account case which was handed down literally two days ago.
Freezing a Bank Account
- So, here’s what we are not talking about: freezing a bank account
- Why do I say that? Because that’s a common question from people involved in bank account and estate cases in Palm Beach. “Can we freeze the account?”
- They often ask “Can we get a restraining order?” against the Palm Beach trustee or the estate beneficiary?
- This case is not about freezing a bank account or how to demonstrate the necessary facts to a Palm Beach court about why you need to freeze the account. (In the estate lawsuits in Palm Beach, many people like beneficiaires or their estate lawyers Boca Raton, want to freeze accounts
- Understand that garnishing wages, and trying to “get” a bank account to satisfy a judgment (a victory in a lawsuit) are different concepts than freezing a bank account
- BTW: when you try to freeze a bank account, you are supposed to give the person whose bank account you want frozen an opportunity to be heard in court, and you will have to demonstrate “irreparable harm“
- Do you know what “irreparable harm” is in a Florida probate case?
Q: Want to see free online probate Palm Beach videos about joint bank accounts or Florida probate and estate issues?
A: http://www.pankauskilawfirm.com
Can I garnish wages or a bank account if someone else owns it?
In this recent case, one of the questions which the court and the appellate court dealt with, was, when can you garnish bank account $$$ when someone else’s name is on the bank account? Whose bank account is it?
In Palm Beach probate litigation, there is often a lot of litigation over bank accounts whether they are joint accounts, with a right of survivorship or an estate account.
Here’s a link to read the entire opinion of the 4th District Court of Appeal, which hears bank account and probate appeals in West Palm Beach: http://4dca.org/opinions/Oct%202014/10-08-14/4D14-46.op.pdf