N.C. Garnishment

First off, nice name!!

Unfortunately, although they cannot garnish for consumer debts in the carolinas, Pa, or Texas, they can seize accounts. It's a very good idea to make arrangements with your creditors right away to avoid this!!

Thanks! No connection with the team though (bad year!)

You seem to know about this kind of stuff, sooooo....

if you have a judgement against a party for money owed, how would you be able to go into their bank act. and take what's owed?

Might be wrong, but I thought that the Carolinas were'nt garnishment states. In that case, the creditor could go after some bank accounts, though many savings and retirement accounts are expempt. Check your state law, it's different everwhere.

You are right, The Carolina's are not garnishment states.

Dolphin, a judge would have to rule seizing accounts as a reasonable means of collection.
LOL, and I know about this stuff because I have to do it for a living!!

finsfan13, what form is this called thats needed to seize a personal account?
R u a Miami fan, Packers fan, or Panthers??? I think Green bay is going to Superbowl!

Dolphin, you are wanting to execute a judgment. If you have a properly recorded judgment,then there is a process with the courts under their rules of civil procedure. Basically you file a writ to seize the interested bank account and the bank gets a copy. They will freeze the account and if it is not exempted income,then the money should be released to you.

Cajunbulldog, a writ of execution has been served, is this different than a writ to seize?

If you have served the bank with a writ of execution identifying the account,then non exempt income should be available to seize from account providing there is money in the account. Some state's also have motions for relief from seizure so you will need to look to your rules of civil procedure to find out these things.

Dolphin..I can't add to Cajun's advice..I'm sorry, I didn't realize that you were attempting to seize funds.

In answer to you question..I am a lifelong dolphins fan. However, my passion in life is simply the game of football, and one of my hobbies is reading autobiographies and biographies of players and coaches. A few years back I fell madly in love with the Packers of the 60's and everything they were. In fact, when coaching my son's rocket team, I incorperated the famous Packer sweep into their offense. Anyway, not a Packer fan right now, but I agree that either they or the Cowboys will represent the NFC.

cajunbulldog, I served the defendant not the bank with the writ. ok...how would I find out what bank they are with to serve the bank?

Asset searches are tricky due to current financial privacy laws. The first thing that would come to mind is a local court house record search for any mortgages or UCC records. These records normally identify a bank the party in indebted to. If that does not reveal anything,then it is time for a deep skip trace.You can hire judgment enforcement agencies to perform the skip and all legal paperwork.They will normally work for a percentage of the total judgment collected on.

I'm having an awful time with this payday loan company. 12/2006 I had received $200.00 dollars and they had processed on the wrong dates and it messed my account up which had to be closed. I asked if I could mail them the money they stated no that it must be debited from my account. They have called me at work several times. I have made complaints with the better business and I have sent them notification of revoking any wage assignments. They now say I owe $3200.00. What do I do?

They state that they are going to send wage assignments to my employer. I leave in NC and I just want them to stop calling me at work.

pinnacle n t-mobile = evil.

Payday loan companies would like to think that a voluntary wage garnishment will allow them to collect money they claim you owe. You can and should revoke any willful wage garnishment with your employer, there is nothing they can do without a court order to enforce a hostile collection of monies.
PThey could try to gain a judgement but it would be unlikely the matter would ever go to court. It takes time and money to collect on a debt, so the hire people to call and call and harrass. Tell your those you listed as references what has happened and that may get a call about the situation. Most people are understanding towards this kind of poor business Praticeby lenders. Remenber the ones collecting the debt probably know less about the law than you do. As far a freezing your bank account you should have already closed the payday loan account. They must have a court order to garnish any bank account. Unlikely they will part from their hard earned money to go that far, that is why they try using bvoluntary wage garnishment! Tell them you will see them in court, then send a cease and desist order against the collection calls.

Actually, unfortunately what I've just read is that wage garnishment can occur in NC if the creditor is able to get the garnishment under the laws of their own state (if they are not from NC). I found this on the a website called NC Labor with a dot com