What to do if my girlfriend and I share a joint checking account and recently Child Support levied my bank account and took the money that she deposited?

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What to do if my girlfriend and I share a joint checking account and recently Child Support levied my bank account and took the money that she deposited?

After proving to them that the money was not mine and hers, the released only half of the amount back saying that since we had a joint account, they had the rights to take it. Even though i was able to prove it, is it still legal for them to do this? Can we pursue to get the remaining half back for her as she shouldn’t be liable for my part.

Asked on October 1, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under the laws of all states in this country if there is a joint bank account with the names of two people on it and one of them has a judgment against him or her, the judgment creditor under the laws of all states in this country is allowed to levy upon the entire account and retain all of its proceeds. You and your girlfriend should be appreciative that one half of the amount levied upon was returned.


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