We received a Writ of Execution thru our County Court and delivered by the Shariff for:
John Smith, Individualy "AND" on behalf of Globle Corporation

and

Globle Corporation

Mr. Smith is the president of Globle and I changed the names to protect the innocent.

John Smith has a personal checking account with Mrs. Smith, do we as a bank have the right under PA State Law to freeze the funds in the joint account because the Writ lists John Smith individually. John Smith & Mrs. Smith hold the account as joint tennants with rights to survivorship.

Joint accounts owned by husband and wife are not subject to attachment unless both are named as defendants. So in the scenario you decribe, any account on which Mrs Smith is a coowner is exempt from garnishment.

CAVEAT: While I am certain of my answer, I strongly suggest that you confirm this with your bank's attorney before answering the garnishment.

The other thing you might want to take a look at is the New Rule and Amendment of Rules Governing Exemption of Certain Funds from Execution found at
http://www.pabulletin.com/secure/data/vol37/37-8/304.html
We are still trying to figure out how this affects us and are waiting to hear back from our attorney on some guidance.

I get concerned when there is a discussion of "Tenancy" on this bog. In your example is it "Tenancy in Common", "Joint Tenancy", or "Tenancy By the Entirety" which is available in some states?

Also, there is a big difference between a Garnishment and a Writ of Execution or Levy. Talk to your attorney, post haste.

In response to the question asking what type of account this is, it Joint Tennants with Rights of Survivorship.

In response to Doodles, we too have struggled with the new exemptions. I have been in contact with our atty, but... Situations like a customer does get Soc Sec dir dep, but then also made small deposits, are we to go through and try to determine what is Soc Sec money and what is not? I have rec'd notice that they are looking to revise the new rules already, but how long will that take.....