Section 3.6 Bank Accounts

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

3. (§3.6) Bank Accounts

As a general rule, bank accounts of judgment debtors are readily garnishable, but special problems may arise when funds in a joint bank account are garnished for the debt of only one of the joint tenants.

The creation of a joint bank account in the statutory form raises a rebuttable presumption that the co-owners share equally in the ownership of the funds on deposit, and the party claiming otherwise must supply proof that a different proportion should apply to overcome the presumption. Auffert v. Auffert, 829 S.W.2d 95...