Brooksby v. Nev. State Bank

In post-judgment proceedings, a judgment creditor garnished the funds in bank accounts held by the judgment debtor jointly with the debtor's nondebtor children. The children petitioned for relief, claiming that the garnished funds belonged to them alone. The district court summarily denied the children's petition and claims, concluding that the claims were not properly made and were untimely. The Supreme Court reversed, holding (1) a judgment creditor may garnish only a debtor's funds that are held in a joint bank account, not the funds in the account owned solely by the nondebtor; and (2) because the children's claims to the funds were timely and properly made, the district court erred in dismissing their petition without a hearing. Remanded for an evidentiary hearing to determine whether the garnished funds actually belonged, and thus must be returned, to the nondebtor children.View "Brooksby v. Nev. State Bank" on Justia Law