Garnishment of Checking Account

:shock: :shock: 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!!!

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.

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

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.

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.

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.

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?

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

is there any kind of bank account that the irs cannot garnish?

To the last post concerning the IRS, No. The IRS will take whatever they want at any time regardless of your situation.

I work in a local credit union and handle a lot of garnishments. We're not-for-profit as most credit unions are and aren't out to side against our members. It's upsetting to everyone involved when an account gets garnished, so let me impart some knowledge.

First of all, financial institutions have a lot to lose if they don't comply legally with the garnishments. There is literally nothing they can do when they receive the judgment besides comply. If they send a letter or call after the garnishment, that is a courtesy. Don't yell at your banker... A lot of the time the bank is made out to be the bad guy here, when it's the original creditor you should be upset with.

VERY IMPORTANT:
DON'T BE AFRAID OF YOUR CREDITORS!! It's business, not personal. Talk to them. Call the creditor and ask them what you can do to stop the garnishment. Make payment arrangements. Don't send more checks as they can get the routing and account information off of them. Send Money Orders or Cashier's checks. OR make a payment w/ them using your debit / credit card. They cannot legally use your cards more than the single time you authorize a transaction. Close your checking account that was garnished and open a new one.

It is unfortunate, but hopefully you'll learn to stay in touch, make payment arrangements, and don't take out debt that you can't afford to pay back. If you have a lot of debts like this, you may need to file bankruptcy and include all the unsecured debt to be rid of them for good. Remember Government debt such as IRS debt and Student Loan debt don't go away in bankruptcy and they are permanent on your credit report. Definitely make sure you make payment arrangements with these guys!

Last thing. NSFs on your checking account don't report to your credit unless you leave the account in negative standing and they have to charge off the negative balance and send it to a collections agency. If this happens, you may get a CHEX record which will show other banks that you abused a checking account and you may find yourself unable to open accounts for seven to ten years!!! Always make sure you leave the account at a zero balance if you don't intend to use it.

The consequences of unresolved debt are a lot more costly than maintaining debt in good standing.

can a checking account used for the deposits from a structured settlement be garnished for a judgement?

If the account is in your name, then probably yes. Unless you can prove that the money in the account is exempt from garnishment.

what can i do they put me in the neg with my bank they took out more then was in the account "W T F " how can they get away with this any real info would be greatly appciated

How can they make an account negative? If I have $100 in my account and I owe $300, then they take out $300 which makes a -$200, who do I owe?

If I owe the bank, why would they take the negative hit?

This happened to me last week, I just think it should be against the law. How do they get the checking account information to begin with? This day and age people having hard times take this hit from a low down collection agency is just horriable! I am really pissed at my bank also for letting this information out, what else do they know about someone?? Makes you wonder, now I have to close a account I have had for over 20 years and I will be changing banks also!

Can credit card companies take money out of my personal checking and personal savings accounts to get back their past due payments from me ? If yes how much can they take?
I have a inheritance and do not know where to deposit it and I am affraid they will take it all without any warning! ! ! ! I am an out of work single mom recovering from major back surgery with little income ( no disability benifits) and need that inheritance to live on.

needs advise - open an account with an internet based bank with your inheritance. like ing or something like that. creditors cant (that i know of - correct me if im wrong) attach internet banks. plus you'll get a better interest rate than brick and mortar!

why can't they attach an internet bank account?i wouldn't recommend that.i would open the account in the name of a relative i absolutely trust.there are stories on these forums about internet banks totally siding with ipdl's when people go to close their accounts due to pdl's.one bank even threatened the person with felony charges if they tried to close the account,and that they are bound by the pdl's terms.now if they are going to do that.i don't see how a creditor couldn't attach an internet account.just wouldn't recommend it.

my thinking was that you would need a physical location to serve the order to. i could be wrong though.....

i understand the thought process,but internet banks can be levied or attached the same as brick and mortar.i'm thinking of an alternative,and will bounce it around first.it might work.

This just happened to me also, today to be exact. I have a joint account and closed it.
Thank God my direct deposit paycheck was not in my account yet. My question would be does anyone know can they keep doing the garnishment or as in a previous response they have to get another order. I do not want a bunch of nsf either. Help I am from Michigan that tells you right there that every penny counts.

I am a memeber of a credit union should i go to another bank an open an account or stay@ the credit union

can u garnish wages or bank accounts once you have a judgement against someone?

My husband has a judgement against him for a previous credit card balance of about $1,500 from several years ago. He just received a notice from an attorney that said to avoid the garnishment we can complete this worksheet and send the amount in, then be set up on payment arrangements for the remaining balance. That all sounds good and well, but now that I see this post about garnishing a checking account I'm worried that once we send the initial payment in by check that they will just take the rest of it whenever they want out of our checking account. Can they do that if you are abiding by the agreement that the worksheet says, and how or can they take more than the 25% that they can have your employer deduct. Does the checking account garnishment happen only when you are behind on payments?

Premier asset acceptance, just wiped us out, I was in the hospital having surgery got out 2 days later. and found that they had taken 13 thousand left 5 dollars. need I say i had to save for my 20% of my hysterectomy, so 4800.00 was the hospitals. I put the money in my husbands account and now all gone. No notification, judgment was closed in 2008, and reopened 4/2010 we never new it. no letters or notifications. We are one of the family's that lost our home 2 years ago and slowly have been cleaning our mess up. highway robbery, this was an old credit card, balance owing was 800, they said we now owed 12.800. I have been asking for a breack down of charges the refduse to give it to me. this type of practice on people should be illegal, hard working people middle class. work paycheck to pay check. The credit union never notified i understand if they are faced with a court oreder they have to comply. But we are their customers, and for them not to even call us after money was taken is crazy, they just continue to let us write rubber checks. They may not have been able to warn usm but by God, they should of let us know we were broke.Instead they tell us we are reasponsible for bounced checks and we can apply for a loan. What a friggin insult. Vystar. This company had tried to garnish paychecks but my husband got a letter of exempt. Does anyone know if this applies to this. So now we are back to nothing our place we are living going not be able to pay, cars as well and now my doctors and hospital. And I am down medically for 6 weeks. with a cut from hip to hip. Anyone have any reccomendations. we are broke so a lawyer is out.


Thank You for listening

Can a creditor find out that you have another checking account elsewhere and garnish that account, although you have not given them any info about your other account?

Can my huasbands bank account be garnished for a car I financed before we were married? I had to give the car back and I'm concerned that even though this is my debt, now that we're married they will go after him to pay. I gave the financed car back a little over a week after we married.

Creditors dont need you to give them your checking account information. They will send copies of the court order to all major banks and credit unions in your area until they get a hit. If your name is on an account, the money is fair game, regardless if someone else deposits into that account.