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“So a judgment against one of the owners is as good as a judgment against all of the owners of the account, which is to say an execution filed against any one owner can result in loss of the entire account.”In fact, Melchionne recommends elderly clients give their adult children Power of Attorney on their parents’ account if they need to write checks or manage bills, rather than adding them onto the account as joint account holders – “especially if the child has bad debt.” Of course, he notes, there’s always the risk that the person with Power of Attorney could steal from the account.
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Often that means they must successfully sue you and then get a judgment.
Melchionne explains:“In Connecticut (and in most states and in most situations), a creditor can only seize a bank account on a debt with a court order.
The only ‘don’t’ you must adhere to is that you shouldn’t date to get over your ex.
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And even in states that don’t recognize this common law, Melchionne says that financial institutions typically make this part of the contract.
“This is why I always advise my clients to move their bank accounts if they also owe money to that institution,” he adds.
“This is where the state follows the old English Common Law and the bank account is held in the same bank to whom the money is owed.
In those cases, the bank (or credit union) has the right to invade the bank account and take the money to satisfy the debt.” This action does not require a lawsuit or judgment first.
This is usually after a judgment enters and other conditions exist (such as failing to pay the judgment).
In Connecticut, this is called an ‘Execution of Judgment on a Bank Account’.” He notes that “sounds ominous,” and for someone facing that, it probably is.
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