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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115465
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In the state of Virginia, if you have a joint checking

Customer Question

In the state of Virginia, if you have a joint checking account and one person receives 2 payments per month ( 1 direct deposit and the other a check) and the direct deposit is a Social Security disability payment and the second deposit is a long term disability payment, would the second party on that account have any recourse for getting any money back that wasn't from disability payments?
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If it is a joint checking account, both parties have rights to all the funds in the account regardless of where the funds come from. The joint account designation means the funds belong in full to each party in an undivided share. Thus, any claims to the funds by either party that were taken by the other party would be between the two parties to negotiate.
Customer: replied 9 months ago.
I should have clarified- The funds were frozen then taken out of our account because of a judgement. What does the second person on the account need to do to get her funds back or is it up to me. Who needs to do what (all possible choices in case one or more don't apply. What is formula for taking funds from our account?
A telephone call would have been easier.
I hope you have all the facts.
Thank you!
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for clarification.
The issue is that once the funds are commingled into a joint account, they are considered wholly the funds of both parties. Thus a garnishment on the other joint owner of the account can lead to seizure of all of the funds in the account regardless of where they came from. I know SS and retirement and disability payments are normally exempt from seizure by law, but once they go into the bank account and are mingled with funds of another joint tenant those funds are legally able to be seized I am afraid. There is no real formula for taking funds, if they have a judgment and get an order to seize accounts, they can take whatever is in the account.
Expert:  Law Educator, Esq. replied 9 months ago.
You can go back to court and file an objection to seizure and prove to the court that the only funds in there belong to you, but if this is really a joint account and funds are mingled, I am afraid that is going to be difficult to succeed to get them released.