Trustmark National Bank v. Sunshine Carwash No. 5 Partners, et al.

In this garnishment case, a judgment creditor garnished funds from the joint bank account of a non-debtor depositor and a debtor. The trial court allowed the garnished funds to be tendered to the judgment creditor because the account agreement showed that the joint account was held with rights of survivorship. Tennessee Code Annotated section 45-2- 703(a), however, allows the non-debtor depositor to prove his rights in the funds held in the joint account. Because the non-debtor depositor provided sufficient evidence to prove his rights to the funds in the joint account, the judgment of the trial court is reversed.