Velocity Investments, LLC v. Kawski

OPINION OF THE COURT

John M. Kuzdale, J.

This case involves a question of state law for which there is no binding precedent, to wit: in a turnover proceeding for a joint account, is a judgment creditor entitled to the entire amount on deposit or only half of that amount when the non-judgment debtor joint tenant has been properly served and defaults? The issue is not entirely a novel one, as there are a number of well-reasoned and superbly drawn decisions on point from the trial courts.

The facts here are straightforward. On November 19, 2007, a judgment was entered in favor of petitioner herein…