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Friday, May 27, 2011

Different Types of Accounts and Garnishee Order

01. Joint Account : A joint account is one which is opened in the names of two or more persons. Such an account can be attached only when all the joint account holders are joint judgement debtors. However, in case of a joint debt, the individual accounts of the judgement debtors can be attached since their liability for a joint debts is joint as well as several.

Illustration : (i) A owes a sum of $3,000USD to B. A has a joint account with C with City Bank Ltd. The balance standing in the account cannot be attached for the above debt.
(ii) A and C jointly owe a sum of $ 3,000USD to B. Each one of them has separate accounts with City Bank Ltd. Their individual accounts can be attached for the above debt.

02. Partnership Accounts : The personal account of a partner can be attached for payment of a firms debt. But the firms account cannot be attached for the payment of a personal loan of a partner.

03. Trust Accounts : The money lying in a trust account though opened in the trustee's name cannot be attached for payment of personal liabilities of the trustees. The bank in such an eventuality should inform the court that the funds lying in the account are trust funds. 

1 comment:

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