Hello and thank you for your question.
The fact that the bank account holds too few dollars to cover the
entire judgment is no defense to garnishment, so the answer to your
question is yes, it can be garnished.
If you are a Florida resident, there is a different defense available
to you:
"The Florida Constitution gives you the right to exempt up to $1,000
in personal property from confiscation by a creditor. Unless the
judgment creditor has a lien or security interest in this property,
this constitutional exemption allows you to protect up to $1,000 worth
of your property from execution or attachment. This $1,000 can include
wages and money held in a bank account. If you own more than $1,000
worth of personal property, you can choose which property to protect.
If the judgment is only against you and not your spouse, your spouse
is entitled to protect his or her interest in the property. Property
that is held by a husband and wife as tenants by the entireties cannot
be divided and thus is not subject to the claims of creditors of the
husband or wife individually. The judgment debtor and/or the debtor's
spouse must file an affidavit with the court and the sheriff to obtain
the exemption and protect the property from the judgment creditor."
Debtors' Rights in Florida
http://www.flabar.org/TFB/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/14e6210c7536af9d85256b2f006c54ed?OpenDocument
Not every state offers this sort of protection.
If you are a resident of some other US state, let me know by way of
request for clarification of answer and I'll try to find the law that
applies to you.
Search terms used:
bank garnishment florida
Sincerely,
Richard-ga |