bank account garnishment

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.

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

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.

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.

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

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.

"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.

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?

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

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.

I live in VA and capital one recently tried to garnish my bank account. The bank account actually had a negative balance so the amount that is on hold is $0. Do they keep trying to garnish the bank account?

Is your bank account at Cap1? If so, they likely have the Right to Offest.

I live in oklahoma. They just garnished my bank account, not bank related but from a judgement. I only had 33.00 in the account. How many days is that garnishment good for. If only one day can i use the account after that day. Also how long for them to do the garnishment again. Thanks for any advice

wow, I am just seeing this for the first time, hopefully I can help everyone out with these answers.....

First, there is only one legal way for a debt collector to get a levy against your bank account--they must take the case to court. If you have not been sued, then they acted illegally. If you were sued but never got a summons, they acted illegally. If you were sued and it was done in a county you dont live in, they did it illegally. For those of you that did not get any notice about being sued, contact your bank. They are required by law to provide you with a copy of the paperwork they got from the debt collector. This paperwork will identify where the case went to court. You must then contact that court clerk's office and:

1--if you dont live in that county, you must file an order to show cause/motion to vacate judgment due to improper venue.

2--if the suit was filed in your county but you were never served a summons, you must file an order to show cause/motion to vacate judgment due to improper service.

If it is determined that the CA acted illegally in this process, then they are usually made to pay back all the money they took from your account. You may also be able to make a case that they should be required to pay all late fees, NSF charges, etc etc that directly resulted from their illegal act of stealing your money from your account. You may have to file suit against the CA for that, or the judge may allow you to present it in this same case.

OK, now, a garnishment is a one-time deal. They can only take as much as is in your account, up to the amount they are owed, at the time they hit your account with the levy order. They will then have to process another levy to get any more money from you if you didnt have enough in there to cover the full balance owed.

Be VERY careful about taking money from your account to "protect" or "hide" it--this may be considered to be illegally hiding assets in some jurisdictions.

Also, someone said to close your account and open a new one. Honestly, there isnt much point in this because sooner or later they will find your new account and they will have the legal right to levy that one too. Think about it--your same identifying information will be used to open the new account as what you used to open your current one, right? They will already know what to look for.

Guest from Oklahoma, you need to remember that using your account tomorrow may mean they take all the money you put in it. Just be prepared to lose more money if you continue to use it.

If you were sued in another state and they got judgement, then filed that judgement in your county and then your county allowed the garnishment is that legal. although you were never served a summons in your county. Also if a garnishnemt is a one time thing, how long does it usually take to get another levy to garnish that same account again?

I lost a judgement,my account has been garnished for 8 months. They take all money,in a joint account. Now the attorney that sued me is suing me again and garnishing my account so I can pay him for suing me,It does not do any good too open another account with your SS# that's what they go after,like blood in the water. I have no income..my husbands working 2 jobs,we own our own small business,I work but no pay checks,If they have won a suit againist you they will garnish and take your money until it's paid off in full.
Mine has lasted 8 months..They have gotten less than 200.00 from the account but I have to pay $100.00 each time they garnish my account $800.00,my account is now -245.00 and has been for 2 months,I guess I should close it. They will get a new garnishment ever 30-40 days. SO sad it is not fun being so poor,I never thought living pay check to pay check would ever happen to ME..My poor husband is 58 years old and should not be working 12 hours a day 6 days a week.

my Q: is this if i get a secured credit card like the green dot from walmart or ones just like it that act as a checking acct. can that money be taken like the money in a real bank acct. ? ...
i had 400.00 bucks get taken out of my wamu acct. so i want to put my money in to this secured card ... will that be ok or can it be taken as the money did from my real bank acct. ????

Same issue here. In detail Capital One has sued me (never received papers) and was approved in 2006 supposedly. I was paid 9/11 and checked my account that morning, all was good. Later that day @ 16:00 my back accounts were drained (both savings/checkings). I called my bank as soon as i found out, they gave me the court number where it was issued, the number of the attorney(s) (Shermeta Adams & Von Allmen), and capital one. Called Capital one, when i gave them the account in which it was in regards of the rep. said he couldnt handle my acct and had to transfer to "an account specialist". The "account specialist" said he couldnt give me any information on the account and advised me to call the attorney handling it (same number i got for them earlier as well as their toll free number). Here is a funny issue about this situation, both the numbers that i got from capital one/my bank didnt work. The number 800.451.7992 gave me fast busies and 248.242.8200 gave me an error "All circuits busy" till 17:30 then both those numbers free'd up. The 2nd call to capital one transfered me to i believe the "National attorney's office" where i got a nastey ladie named Jennett. She wouldnt give me any info about the account as well and also gave me both the same numbers for the attorney. I explained to her the numbers didnt work and if she could double check, she hung up on me and when i tried to call back the phones were off.

80th Distract court (Gladwin). Im in the 56th district (Eaton).

Its not like i was hiding from the radar if you know what i mean. I have always updated my information with the post office as well as my state. I recently switched banks and on my 4th direct deposit is when it was garnished.

From website:

09/11/2009 7:20:53 AM External Deposit


09/11/2009 3:50:38 PM Descriptive Withdrawal Garnishment
and of course its the weekend... their offices are all closed.

skydivr7673 thx for the information, ill call the 80th district court to "file an order to show cause/motion to vacate judgment due to improper venue". Is there any information i might need?

I havent heard from this account for a long time, my ex-GF handled my money and she claims to have paid it off. But i dont have anything to prove that, so she could have been stealing money (was end of relationship around that time). I did a news search on google about capital one and the first one that pops up is about someone who paid them off but kept getting bills. Is it possible capital one was paid off and never sent me bills and if so how could i prove this?

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in new york mind you, prior to a levy your bank account gets restrained, where it will be held up to 1 year (including any direct deposits). Now NY just past new legislation that requires the account to hold a min bal of $1400 (dont quote me on this number - i know its off, but its a ballpark figure) in order for the account to be restrained. if the account doesnt hold this amount (or there are exempted funds in the account) the account wont be restrained at all. once an account IS restrained, the CA will try to get you to voluntarily release the money to them or they will send a marshall to retrieve the funds at an extra cost to you.

I owned property in Colorado (now living in Oklahoma) that got foreclosed on in Dec 2007. The property was in my name only. I retired from civil service in Jan 2005 and took an early retirement versus trying to do a medical retirement which could have taken months more time. I left Colorado due to medical problems on the advice of my medical provider (cold weather/altitude aggravating my condition as was sitting at a desk for hours upon hours and bending down picking up files). I put the home up for sale and had it rented for a short time (the renter left with no notice and stuck me with a huge water bill and damaged property) but when the Colorado market turned sour, I couldn't rent it nor sell it for what I owed as I was on the retirement and VA pay and the wife couldn't find work. We were barely making the car payment and rent/food and couldn't afford to pay the additional money on the property. The primary mortgage holder bought the foreclosure at county auction in Dec 2007. The 2nd mortgage (Home equity) company evidently didn't get anything as the property sold for less than was owed between the two mortgages. It finally sold for $100K less than the original loan to a new buyer almost 2 years after foreclosure.

My medical conditions have gotten worse and I have since gotten 100% Social Disability. I have not worked since Jan 2005. The only money going into my checking account is my Civil Service retirement, SSA Disability, VA Disability, and my Thrift savings account (TSP) (401K) annunity as I cannot work. I know that the SSA and VA money is definitely exempt from any judgment but can the Civil Service or TSP can be touched? At present, the collection agency has only sent me an intent to collect and to my knowledge there hasn't be a judgment. I fear that they will eventually come after me for the $38K via a judgment and taking of my account balance. I can't even buy a home now and have to rent. Any suggestions??

Can a creditor go after a business checking account regarding a personal debt? My business is a sole propietorship in the state of Missouri.

Money from my account was stolen from my account after a judge granted my motion to vacate the judgment! What should I do about this?

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CSRS or the Civil Service Retirement System annuity can't be garnished apart from court order related to divorce and separation. However, you may still wait to hear more from the experts.

The key is you were never served....you are entitled by law to defend yourself in court. Contact the court where it was originally filed and file to have it set aside for improper service

I just found out about a garnishment attached to my Safety Deposit Box to the tune of $2392.00. The Plaintiff is Asset Acceptance, LLC. I was flabbergasted, this is the first I have heard about it when I go in to open my box.
I have no idea who says I owe this $ except for the Asset Acceptance company, JEEZE now what do I do?

Bruce in Oregon

If you have never received a summon you may then need to file a motion to vacate a judgment. However, normally there is a time limit within which you need to contest a judgment. Just check with your country court clerk for details.

I'm reading up on Bank Garnishment because this is in the process with my dad. If they already garnished your account, it's not going to matter if you close your account and open somewhere else because they will just seek out that account as well. But do stop direct deposit!

What happens to all the NSF and checks expecting to clear the bank account. Do now I have to pay all these fees, too.

Honestly I know this is not what you want to hear but the bank does not care, if they received a court order to garnish your account thats just the way it is. This has happened to me and yes I was responsible for all the charges.

What if you live close to a state line & open an account at an out-of-state bank?

I've already taken steps to have checks issued and a debit card from SSA. One attorney told me that since the wife is not on the original loan paperwork she can't be garnished for the $$$...therefore I might use her solo account to dump $$$ so they can't garnish the checking account. I can also just get money orders to pay the bills if necessary until I can show that all the money is exempt....I'm now trying to get the advice of a real estate attorney in the state where the foreclosure happened because they may not even have a right to come after me because the loan is tied to the deed as security. Funny that transunion shows the loan closed paid. Hmmm...

oh just for everyone's knowledge there is some federal registry law that prohibits anyone from direct depositing a federal check into any bank account that does not have their name on it...in other words I can't have my fed retirement money sent into my wife's solo account and be legal...have no idea what the penalties are but you could always claim ignorance I suppose...like who reads the federal registry on a daily basis or at all frankly....lol

Hi

I also had the money in my bank account frozen yesterday, Unfortunately I had just had my paycheck direct debit go in on Friday. I am now unable to pay my mortgage and have 0 to live on for the next two weeks. I am the sole supporter of two children and do not receive child support. What do I need to do to prove this hardship and have this money unfrozen?

I have twenty grand i would like to deposit in the bank check out of state. In turn I owe the credit card companys which I intend to pay reduced settlement. I have not made a payment in over a year. Do they have to serve me papers first or can they file a judgement today and take the money.

they would have to serve you first, get a judgement and then work on doing a bank freeze....it takes time....

it does take time but sadly most people are not notified before a bank levy is issued. i guess for a peace of mind, i would just have your paycheck in cash and pay bills with money orders.

They take it ALL and continue to do so as long as money is in the account. They can also garnish your wages directly from your employer.

can they take money from my business account? It is an LLC?

If your name and SS# is attached to it then yes.

Umm... Check your state laws on LLCs. In most states, LLCs are handled as corporations. If that's the case, they can't grab off company assets for personal obligations.

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My husband had owed some money to a person for rent before we got married. We have an joint account and they garnished our bank account. What should I do, because this debt was before we got married. I do know that I need to take him off of my account. Will that help? Will that stop this person from hitting my account again? Help!

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I was sued and have a judgment against me. I made arrangements with the creditor that i owe and began making payments. I was not able to pay for a couple of months and resumed payments at a later date. I have a garnishment on my account and i did not receive any notices that this was going to take place. Am i supposed to be notified by my bank and the creditors that a garnishment will be placed on my bank account how will this effect my account will i still be in good standing with my bank

How can you appeal a garnishment of unemployment benefits held within your checking account, if at all?

Start by talking to the branch manager at your bank. Explain to him that your unemployment benefits are being levied, and see what he tells you. Unemployment is non-garnishable in most (all?) states.

If you get nowhere with the bank, contact your local Department of Labor. They can advise you further.

I thought it was funny how capital one can send the letter to my relatives house that lives 30 minutes away and i still get garnished. I didn't receive the letter until the day they took the money out of my bank account, a total of $970. I'm living off of student loans and that was the last of them, so does this sound like something I could fight? And if so where would i go?