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bank account garnishment

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Posts: 4
Credits: 1409.65
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I just found out that my bank account has been garnished by a credit card collection agency. I am in total shock and need advice from those this has happened to. The paperwork (Writ of Execution) was signed by the judge on 10/1, but i didn't receive anything in the mail until 10/17. I have not received any notice from my bank. My account is usually in the negative, so I am not sure how they will garnish on a negative balance. How long does the bank have to freeze funds? Will they wait until funds are there before they freeze? I am just not sure of what to do or what rules need to be followed by each side? Do I stop direct deposit of my paycheck into my account? Thanks in advance for your answers. :)




paulmergel


Posts: 15508
Credits: 135761.15272958

Sub: #1 reply
Sun, 10/19/2008 - 15:57

yes,go to your payroll and stop your DD.they should be able to do that.next PM skydiver or debtcruncher.they can help in fighting the freeze on your account.sounds like improper service to me,but they should be able to help further.




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Sub: #2 Bank account garneshment
Sun, 10/19/2008 - 16:36

What a coincidense, the same thing just happenedto us on the same date. It will be interesting to see how it all works out.




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Sub: #3 You should have received a summons with a court date. Check with
Mon, 10/20/2008 - 04:06

You should have received a summons with a court date. Check with the clerk of the court to get a copy of your file and see when and where you were supposedly served the summons. If you weren't living at the address where the summons was served, advise the clerk that you would like to file an appeal to have the judgement vacated. DO stop your direct deposit, open a new account.




davidw
Posts: 54
Credits: 638.65

Sub: #4 Did you receive any notice of the lawsuit? If not, then you pro
Mon, 10/20/2008 - 18:14

Did you receive any notice of the lawsuit? If not, then you probably have grounds to vacate the judgment that was entered against you. If you did have notice of the lawsuit, then there really isn't much you can do concerning the garnishment.

You might want to consult with an attorney who handles consumer credit issues. You can get a referral from your local county bar association.




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Sub: #5 bank account
Wed, 11/19/2008 - 14:51

when your bank account is garnished do they take all your money in the account or do they leave enough for basic needs




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Sub: #6 Bank Garnishment
Fri, 11/21/2008 - 08:47

I had a loan under my name ONLY. They garnished our bank account that I have joint with my husband. I was served with a summons which I responded within the 20 days given. But, that was last I heard. Next, they placed the garnishment.
Could I file a motion to dissolve the garnishment under the grounds that it is a joint account and the other party (my husband) is not on the garnishment? Please let me know.




ndmike25
Posts: 88
Credits: 1393.45

Sub: #7 "when your bank account is garnished do they take all your money
Fri, 11/21/2008 - 11:47

"when your bank account is garnished do they take all your money in the account or do they leave enough for basic needs"
they will take enough to satisfy the judgment and if there isn't enough there, they will empty it out and you'll have to come up with the rest. This happened to me and I had more than the judgment amount in my account but they only put a freeze on that amount. You can exempt funds by submitting an appeal but that may take days.




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Sub: #8 garnishment
Wed, 02/18/2009 - 06:51

i just got a summons of garnishment to my bank where my mortgage is...what does this mean? I don't have my checking account there, so should I go to where the checking account is and withdraw my money? What does this mean for my house?




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Sub: #9 easy, close your account and open another account with another b
Wed, 02/18/2009 - 07:49

easy, close your account and open another account with another bank and set up your direct deposit to go there.




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Sub: #10 Worked out for me this time
Wed, 03/04/2009 - 10:50

So This recently happened to my wife and I. My wife was sued last year some time and just recently they took 800 dollars out of my checking account. The total garnishment was fro $2,000 but we only had $800. SO the first thing people should realize is that Whatever you have in your account on the day of the garnishment is all they can get for that one. So if you have $2 in your account. Then they spent maybe $75 for the garnishment and only got $2.00 from you. They would have to refile which takes 3 to 4 weeks to get more money. The tactic that I used was. I had my wife call our creditor and told them that because her only income was Social Security Disability ALL of the funds were excempt. (that was a little white lie she also works) They were ready to bend over backward once they thought she was going to file and excemption. So they offered to settle the whole debt for $800. Also for those of us who are not brave enough to make such an idle threat. $200 of a bank garnishment is excempt under federal law. When the garnishment goes through the bank or the sheriff will hold the funds for up to 3 or 4 weeks to wait for you to respond or send in an excemption (which should be mailed to you with a copy of the garnishment notice) When you get that form fill it out and claim your $200 BACK from the creditor. Anyways good luck to everyone out there fighting creditors in this day and age.




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