Should I move money out of my bank account if someone has a judgment against me?

Yes, definitely.

If someone has a judgment against you, they can levy or garnish your bank account at any time, and it usually seems to happen about once a month.  If you have money in that account, or in any account with your name on it, then there is a possibility that it will be garnished, and you’ll never know if/when it is coming.

Now what if you have just been served with a Supplemental Proceeding Order or a Writ of Execution from a Utah State Court that orders you to not move, transfer, or sell any assets.  Well, in this case you do not want to violate a court order.  But, there is no violation is you simply spend the money in the account in the ordinary course of your life on things like bills, groceries, utilities, etc.  Just don’t put any new money in the account.

If you have a judgment against you, then you should not be putting your money in any account that a creditor can garnish.  Put it in Mom and Dad’s account, or in an account in your spouse’s name (so long as they don’t have a judgment against them).  Just remember that if you have a judgment and money in your own account, it can be garnished at any time.

This is not legal advice.  If you need help go to www.robertspaynelaw.com.

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