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Posted: Sun Feb 11, 2007 11:47 pm Subject: Garnishment of Checking Account

I recently experienced a garnishment of my checking account by Asset Acceptance. I did not know that it could happen and I recently sent them a payment by check, instead of taking the amount that I sent them, they took my whole account. When I contacted them they told me this is what happens when you owe someone money. They also told me that they would not let me know when it would happen, how often or how much. And also that it cannot be reversed. I have not received any notice of a garnishment and my bank let it go through. It was my husbands entire check that had just been direct deposited. Due to my husbands employer being out of state we can only have his check direct deposited, they do not mail it. Therefore, we will never know if we get his check or Asset Acceptance and he is the only working at this time. To top it all off, all the bills I sent out are going to be Non Sufficient Funds which adds more bills and ruins my credit further. Any information on what to do?

Posted: Mon Feb 12, 2007 6:29 am Subject:

Contact your bank right away.If they did not have an agreement to ach for that amount or a judgement against you,then what they did is highly illegal. Be firm with bank and reverse charges. After account is straightened out,close and open different account. Don't ever give collector your account information. Pay with money orders. Lastly,contact attorney general,better business bureau,and a local attorney and sue their pants off!!!

Posted: Mon Feb 12, 2007 6:36 am Subject: Garnishment of Checking Account

Thank you for replying so quick to me cajunbulldog, I have been up all night worrying my fool head off over this. I contacted my bank via the number off my debit card and they told me that they cannot reverse a garnishment. I told them that I have no papers that state there is a garnishment against me and they told me I had to contact AA which I had already done. I am headed to the branch that is allowing this to go through becuz in my online statement is says a check was cashed at my branch. They told the only thing showing about the garnishment is AA's lawyers phone number and to contact him. And that they cannot show me who was paid until tomorrow becuz the check is still pending. Therefore, they haven't got the money yet. Hopefully I have a good bank manager that knows what they are doing.

Posted: Mon Feb 12, 2007 6:46 am Subject:

I don't normally do "me, too" posts, but -- yes, what cajunbulldog said. Smile

Posted: Mon Feb 12, 2007 9:47 am Subject:

There are lawyers who work in the areas of debt collection abuse and bank charges. If you can't find one, look on naca.net where you can search by area of practice.

Posted: Mon Feb 12, 2007 6:50 pm Subject: Garnishment of Checking Account

Well today I found out it is totally legal to garnish a checking account and wipe out all funds that are in there. They do not have to notify you of the judgment to garnish to avoid you taking out all of your funds before they can. So lesson learned I guess. There is no reversing the garnishment without going to court to do so. The only good thing is that it's a one time garnishment and if they want to get more out of the account they have to file another motion for garnishment to do so, therefore giving me time to close the account. Providing that all my transactions are done. Which is a huge predicament that I am in because of them doing this and me not knowing it was happening all my transactions have come through as non-sufficient which causes more fees and more bills. So basically I am further in debt and in more financial trouble than I was. Any advice for next step? There is a judgment against me and this is another course of action they took so I am afraid to try and contact them to make an arrangement in fear of what they will do to me next.

Posted: Mon Feb 12, 2007 8:32 pm Subject:

I was unaware that you had a judgement against you when I previously posted. Ok round two. Since they have a legal judgement, I need more info from you. Were you served and method of service? Was this debt legally yours? Did you go to court?

There are really only a small number of things that can be done in a judgement phase.
1. Vacate judgement if you can prove it was not obtained properly.
2. Some courts allow a motion for a hearing dealing with garnishments and seizure.
3. Do not put money in bank because once they trace it it will be seized again.
4. As much as it galls me to say this but if an attorney can not find a way to fight this,you may have to work out some payment arrangements.Just be sure it is in writing and signed.
5. Judgements have a very long life so speak with lawyer post haste.

upset40 · Posted: Sat Nov 22, 2008 10:08 pm Subject: checking account garnishment

When a garnishment is placed on a checking account, is it a one time garnishment or is money taken out of the account everytime money is deposited?

Guest · Posted: Sun Nov 23, 2008 1:43 am Subject:

Depends, if the garnishment was satisfied with the first deduction from your account, if not the garnishment will continue until it is satisfied.

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