General Studies · Garnishee Order
When a bank receives a Garnishee Order Nisi naming a customer who maintains a joint account with the mandate 'Either or Survivor' along with another person, what is the bank's immediate legal obligation regarding the joint account?
- 1The bank must immediately transfer the entire amount to the court and close the account to avoid legal contempt.
- 2The bank should not attach the joint account if the Garnishee Order is issued only in the name of one of the joint holders.✓
- 3The bank must freeze 50% of the balance, assuming equal ownership between the two joint holders.
- 4The bank must freeze the entire balance in the joint account as the judgment debtor has a right to withdraw the whole amount.
Correct answer
The bank should not attach the joint account if the Garnishee Order is issued only in the name of one of the joint holders.
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