bank account garnishment

Did you get served? Respond to a summons? Do they have your correct address?

[QUOTE=unclewulf;505595]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.[/QUOTE]

actually, depending on what state you are in, talking to someone at the bank will get you nowhere. they may be able to give you advise on who to speak to, but they wont be able to lift the levy. in states where the bank has the power to reject levies based on exempt income, they will usually do it before every placing a levy. that is of course if you have direct deposit - is U/E ever not direct dep (i dont know the answer to this)?
otherwise a bank is served a court order to levy and they are not in a position themselves to object. that would be your job, to object in writing with the court the judgment was placed. also call the collector and they might be willing to facilitate the process of release, but be prepared to provide them with ample proof of the funds being exempt.

I was thinking of talking to the bank as the short way to find out what court levied the account, and for which creditor. It's faster and easier to get the info from them a lot of times, than to research it out yourself.

The Department of Labor (or whatever agency does UE benefits in his state) can be a good resource for proving up where the money came from. They'll also know the ins and outs re: garnishability.

what money is excempt? I know social security is how about other pensions?

How do they find out where you bank.

I was told that if you live in a non community property state and that account is joint they can not garnish it. Can anyone tell me if this is true. I have a garnishment on an account and my wife is on the account also in fact it is her money there not mine so I'm wondering if they can take the money.

$1,600 was just taken from our accounts for a bill that should be just over $2k. They took from my 2 year old daughter's savings account as well as our joint checking, savings and my boyfriends personal account.

FOR A 2K BILL.

I've not gone to gather the paperwork yet as I'm waiting on a sitter for my sick daughter.

We received absolutely no word on this judgment. I'm not even sure who's trying to collect from us. We're in Nebraska if that helps.

They do not have our correct address from my understanding. I changed my address when we moved, but boyfriend has neglected to do so. I'm doing it for him today, which I Should have done a long time ago.

The debt is over a year old and we just moved 4 months ago.

IMO you need to contact the county court to find the details about the judgement.

It might have been the case that you have been served in the old address. If that has happened and since you haven't updated the address with the creditor, the judgement is then legally placed and you can't do anything about it.

By the way, who owns the debt?

If the money has been taken out form a joint account but the judegment was issued in the name of one account holder, then the other account holder needs to proof before the court the amount of fund belongs to him to stop it from getting garnished by the creditor.

Yes. I am unemployed and my account at my credit union was garnished recently. I tried to object but had no way to prove the money in the account was from unemployment benefits. So, I lost and the attorney snatched like $65 from my account. Now, here's my question. If I was to open an out of state bank account could this guy somehow garnish it even though it's in another state? From looking thru Michigan Compiled Law it looks like the court here where I live would have no authority over property(read bank accounts) in another state. If I was to open one of those online banking accounts, like at DiscoverBank, could he get his hands on that money? Wouldn't he have to get a garnishment order from the court wherever DiscoverBank HQ is? Or is he going to just be SOL because he can't touch property in another state?

I live in one county but I was taken to court in another county and my creditors recieved a judgment against me and now are garnishing both my husbands and I wages,can they go after our bank account also?

Were you properly served? You are suppose to be sued in the county you live in.

Does anyone know the laws on a bank garnishment in Ohio? I did get a order from the court and a copy of the cout order they sent to the bank. I work out a settlement with the attororny and have paid them in full. I have a copy of the release of judgement they sent to the court. I have sent that to the bank. The bank is saying they have not received the court order for the garnishment yet. They have the order to release the hold....although the bank is telling me they can't do anything until they receive a copy of the court order itself....and they don't keep copies of the release until they get the garnishment order. They did say they leave $400 in the account and anything over that they send to the court....how long can they put a hold on the account or is it a one time thing? And shouldn't they keep all paperwork coming in for the account? What I'm hoping they will do is balance each other out. Also the paperwork did even go the right address at the bank. It did go the a corporate office of the bank but not the garnsihment dept. Any suggestions?

Does anyone know the laws on a bank garnishment in Ohio? I did get a order from the court and a copy of the cout order they sent to the bank. I work out a settlement with the attororny and have paid them in full. I have a copy of the release of judgement they sent to the court. I have sent that to the bank. The bank is saying they have not received the court order for the garnishment yet. They have the order to release the hold....although the bank is telling me they can't do anything until they receive a copy of the court order itself....and they don't keep copies of the release until they get the garnishment order. They did say they leave $400 in the account and anything over that they send to the court....how long can they put a hold on the account or is it a one time thing? And shouldn't they keep all paperwork coming in for the account? What I'm hoping they will do is balance each other out. Also the paperwork did even go the right address at the bank. It did go the a corporate office of the bank but not the garnsihment dept. Any suggestions?

Quote:

step one - its NOT illegal for them to pull up your credit report.

Are individual certificates of deposit exempt from garnishments. What about ira's????

So, went to check my bank account last night and it had been wiped clean down to 0. All that was on my online banking was something saying Snohomish County District Court Garnishment and then how much they took, which was a little over $1300. I am currently collecting unemployment and just got my tax return, which is all of what they wiped out. Plus, I had written my rent check a few days prior in good faith, which will now bounce. I have never received anything in the mail for garnishment or lawsuit...is this legal???

Ok, my account was garnished last week. They took almost 800 dollars. My bank tells me that i need to contact the creditor. So i contacted them and said i would begin making payments. Just please do not garnish me again. I live paycheck to paycheck. Now i get a letter from the creditor asking me to sign it and send it back to them. It states " I accept service on the garnishment notice on my bank and waive further notice". Should i sign this and trust them to help me make a payment plan?

was this a bank levy? who took the money out? i do not think i would sign anything just yet.

it was a bank garnishment i guess a levy it was a law firm

do you know who they were collecting for though?

Yes it was for a car lease, it was for mileage overages and i never got served and had moved to another state

ok, sorry for the questions.. i just wanted to make sure we had all of your information so we can help you :)

Quote:

What can I do if a collection agency garnished my joint account with someone i'm not married to and took all his money, like his tax refund.

I owe money to 3 credit card companies. They have not filed for a garnishment yet. A law firm has contacted me saying that if my bank account consists of only Social Security and a pension that it is unlawful for them to file a claim or harass me. They want $200 plus $20 a month to represent me. If this is true why would i need them. My bank says they would honor the judgment. What is my course of action?

First, Illinois,

You must ask the other account holder to prove his contribution to the account before the court to get a refund.

Now guest, I presume that the creditors have already got judgements against you, right? Its true that social security income, pension and unemployment benefits can't be garnished. But if the creditor puts levy against your account and if your benefit checks get deposited to it, then the money can be taken out. The bank was right in saying that it would honor the judgement.

To stop your benefit checks from being garnished, you must arrange to get it directly delivered to you.

can a individual get a garnishment against a fl corporatiion if he got a judgement against the corporation

can you garnish a corporation bank account in fl

Quote:

Hi, Guest if there is an court order then the bank account can be garnished. Your creditor or collector can garnish your wages, if they receive a judgment against you from the court.

Along with that, if you don???t turn up after being summoned, then it will be considered as a default judgment and your bank account and wages will lead to garnishment.

On Monday 3-1-10 I deposited my tax refund of $3100.00 and on Tues. went to draw out $100.00 out for daycare and found out my bank account had been garnished.
The debt that is owed is on a personnal loan of $12,000.00 in which they have added on $2000.00 more.
The problem is my daughter who now is an adult of 26 years old because her bank account was open when she was a teenager and my name is connected they have also garnished her account as well. I am told by my bank and the creditor there is nothing that can be done? This is not fair and I don't know how to fight this.
Also I am a singel parent and have a son 4 years old and have for the last 6 months been going through a home loan modification and had been unable to pay on the loan because of trying to keep my home.
Is it legal in the state of Florida to freeze all monies in my bank account as a single parent and is it true that the garnishment is only good for the amount presently in my account? Should I work toward a solution with this creditor in some type of repayment plan if they will except? Or is it correct in the statement the creditor made to me that the whole amount of the debt is due now and if you don't have the money how are you supposed to get it?

My bank account was garnished for more than 1100.00, all the money I had in the world. I had a tragic accident in August and was paying off the hospital bills. They took every cent I had. I live alone and have no other source of income. My rent check, my utilitie check and my insurance check have bounced because of this. I never received any notice from these people, which you can check my bank about, since that had gotten my mail back for months. I have nothing to live on, am in danger of being evicted, my utilities turned off and my car repossesed due to the insurance not being paid. I need that money deposited back into my account ASAP! They can turn it over to collection, or whatever they have to do but I have to have that money back or I'm out on the street. Thanks!!

Quote:

skydiver.....thnaks for info ..... so how i take mymoney out ..its 800 ..theyjust freezd on 19th ...i owe them 1375....can i close a/c as soon as court remove garnishment n get the money out ..... (love the word garnishment....wowowowowow....lmafo)...plz help need money to pay terrafic traffic tickets or lisence wud be fcukdup tooo....HELP

i am abt to go to court today ....cos i was living in diff county .....wen they did that .....

My checking & savings account (totaling $2,600) were frozen due to garnishement yesterday in FL in lieu of a court order from a final judgement filed in 2004; which I do not recall ever signing the process of service for. Called my bank and got a number for what I assume was the CA's (Ready Resources, Inc. - assignee) attorney in MA; which just rang and bounced to v/m after several attempts. Checked with the court and obtained the information of the attorney who originally filed the case in FL. Made attempts to call that attorney to no avail. My accounts contained deposits from Unemployment Compensations, auto insurance partial payments from my estranged husband and weekly loans from an old business associate trying to help me out until I got back on my feet with employment. I have not received the Writ of Execution and know the trickery that comes with garnishments; so am looking forward to receiving the Writ within days of the 20 day deadline to respond. Having worked for an attorney and being familiar with Exemptions in FL, I plan on simply filing a "Claim of Exemption" myself.

That being explained, as Unemployment Benefits are Exempt from garnishment and I can definitely prove that the funds from my estranged husband were used to pay our joint auto insurance ... my question is this ... With sufficient proof, are the weekly loans which are received from my old business associate exempt from garnishment as well?

while im not familiar with FL law, I dont see how the funds from your ex husband are exempt? it typically doesnt matter what the funds are FOR - it matters where they are FROM. similarly, i wouldnt think your loans are exempt either. unless FL has particularly lax laws in this matter. does FL allow a one time blanket exemption?

I've already consulted an attorney friend who practices in debt and collection in FL. And the loans are also exempt because a promissory note was executed which proves hardship; and the funds have a direct papaer trail. And as I stated, the funds from my estranged husband were an in-and-out transaction and obviously didn't need to be accounted for; nor were they part of the funds maintained in either of my accounts.

My advice Sub #91 ... since you started by mentioning that you weren't familiar with FL law; you may want to keep quiet on the subject until you educate yourself and can adequately answer the question that was asked. I didn't ask for an "I think" response, but rather an "I know ..." response! And don't waste your time responding because as I have obtained the answer that I needed, no thanks to you, there is no need to read anymore LAME posts. That is all!!!

I agree....and I googled florida statutues and could not see where other than the unemployemnt would be exempt.

Quote:

I agree with Trying2DoRight ... if you're not an attorney, paralegal or individual familiar with FL law then keep your "I think" garbage to yourself. Maybe they were trying to get a quick answer to ease their mind because their attorney may not have been available at 7:51pm.

It's so sad that you're up responding at 6:18am to something you're not getting paid for; how pathetic are you!!! The individual clearly is not angry ... and quit honestly provided the most cordial KISS OFF I've seen thus far! As for therapy you might consult a hobby and stop bloggin about questions you clearly cannot answer!

And please leave your ATTITUDE along with your paranoia at your keyboard before you get carpel tunnel!!!!

@ SOAPLADY (Sub #95) - Thanks for taking the time to google the FL statute on the matter. You are absolutely correct, loans are not exempt. However, when properly tracked (i.e. executed Promissory Note, deposit verification) they can be considered when the Judge is asked to Dissolve a Writ due to an undeniable Claim of Exemption. More specifically, it is up to the Judge to decide whether the "hardship" loans that were commingled with the Unemployment Compensation (UC) deposits warrant completely Dissolving the Writ or levying the "determined" loan amount maintained and releasing the "determined" UC balance maintained.

Question, if I use a different nationality to open a new bank account without using my ss number. Can thy find me?

Quote:

My husband I have two checking accounts that are linked, with the same bank; one is under business and the other personal. I just found out our ACCOUNTS have been garnished due to a credit card bill I owed. I lost my job over a year ago & he is the sole provider. We have direct deposit from his income...although it is a direct deposit he gets paid thru a 1099...meaning no taxes withheld.
Since I am on the checking account they got 97.00 out of the personal and 19.00 out of the business. Thats all we had in there. However, we have a direct deposit that could go thru the business account, which is HIS money, around the 15th. I realize I'm on the account and that won't stop them from taking. Will they take the whole amount, AGAIN, if its there? What should we do???
We are in a dilema to file a bankruptcy on me....

If your name is on the account, the money is fair game. Doesnt matter if it is his money.

I was not served about garnishment. The garnishment took place on July 9th. The letter from the company was sent on the 10th of July. I didn't receive it until the 13th of July. The date of judgement was 5/04/10. However I didn't receive anything in mail until July 13th.
So my question was I suppose to receive something in the mail about this judgement? Was I suppose to be served about this? And are they allowed to wait until they garnish my bank account to send me anything in the mail?