Question

A garnishee order is issued in the name of one joint account holder only. The account is jointly held by A and B. The bank should:

• A. Freeze the account
• B. Attach 50% balance
• C. Not apply the order
• D. Close the account

Answer 1

Answer:

C. Not apply the order

In a joint account, the funds are jointly owned by all account holders. A garnishee order issued against only one joint holder (A) cannot be enforced against a joint account held by A and B, unless all joint holders are named in the order. Applying the order would adversely affect the rights of the non-judgment debtor (B), which is not permitted under law. Therefore: ❌ Freeze the account – Not permissible ❌ Attach 50% balance – No legal presumption of equal share ❌ Close the account – Not required ✅ Not apply the order – Correct procedure