bank account garnishment

continue from below,
I called the court house after posting here to check on the dates. The lady looked over my case number and said the Journal Entry the company filed out was incorrect and advised me to appeal. I went right down and filed an appeal. It looks like they got two cases mixed up when filing mine. So I have a court date, wish me luck.
Any advice for me when I go to court?






"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? "

Like a previous poster, I was sued for a credit card debt and have a judgment against me. I made arrangements with the creditor to make payments each month and continued to pay each month for a little over two years. I thought I had set it up to be automatically drafted each month starting this past March, but apparently the law firm did not receive my paperwork. I'm not in charge of our finances in our household and did not know that the amount was not being deducted each month. We didn't receive any letters or phone calls and I assumed everything was being handled. Today my husband checked our account and expected it to have the $200 we were supposed to have in there, but our account was nearly 10k in the hole. We called the law firm after business hours and were able to get in touch with a person who said they had called, but left no messages (I never saw their name on Caller ID, so they must have been calling using 'Unknown.') and that they sent me one letter which I never received (very unreliable mail service around here). Anyway, in no way do we object to paying the agreed upon amount each month, but we absolutely cannot afford to pay the amount in full. I'm unemployed and my husband is our sole income provider. We have to call the law firm back tomorrow morning after lawyers are in the office. I have no idea if we have any rights or what the smartest course of action is. I'm hoping we can talk them into reversing the garnishment and letting us pick up with our agreed upon payments, but I worry they won't go for that. I have no idea what we can do, though. They totally left us high and dry with absolutely nothing to feed our children and no gas in our car. Any advice on how to proceed?

my boyfriend and I have a joint bank account if I have a garnishment against me would they be aloud to garnish this account? I have no income going into this account.

Yes, everything in the account unless it exempt funds like social security is fair game and can be garnished....doesnt matter if it is his.

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I need help or answers a creditor just held $603 FROM my acct but I owe $16,590 and now Im in the negative should I close my account or leave it open with a zero balance what can they get if there is no money right? If I deposit more money will they take it out til they collect all the balance owed please help Thanks!!!!

Ok, I have been paying on an account and probably not faithful enough! Anyways, they just garnished my account from everything I have. Does it keep coming out everytime I have a check direct deposited??? I get paid tomorrow and I am freaking out!! Will the creditor stop it or can they?? PLEASE HELP!!!

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They dont care about basic needs.

Does anyone know the bank garnishment laws in Colorado? Also can they do a bank garnishment on credit cards in all states if a judement was issued?

If the garnishment is a one time deal, Is it wise to contact the attorney and see if
you can make some arrangements with them to pay the debt back? For instance if
the amount is high? How can they keep placing a hold on your balance? How are
you going to pay the rest of your bills? Like your mortgage, etc. If you are willing
to work with them can't they set up a payment plan?

Does the person being garnished have any rights? Or they can just take all your money
and you can never pay any of your bills, such as your mortage? What ever happened to
them taking a portion of the amount?

Did you answer your summons and show up in court?

What you are being garnished for IS a bill, one that you did not pay. Once it hits this stage, unless you have exempt funds (unemployment, SSI or SSDI) everything in your account is fair game.

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Ok...you answered the summons...but did you show up in court? Sounds like they got a judgment against you....if you set up a payment plan prior to the court date you still need to go to court unless you are notified by the court that the case has been dismissed.

FYI...they are under no obligation to send you a receipt. Your cancelled check is your receipt or a copy of a paid money order. For the itemized statement, you should have done that in writing.

Whether or not the garnishment will continue will depend on your state law.

I live in Texas but my bank account is in Ill. Does a garnishment have to be done in a Texas court then sent to my bank in Ill. or do they run the garnishment in Ill? Thanks, I couldn't find an answer.

I was making payments on a law suit up until 3 months ago. I was having to use all overtime to pay this. Unfortunately i was in a car wreck and had just paid off car. Had to purchase another car which used insurance money and extra money. This put me behind on the payment; then overtime hours have ceased due to economy and cut backs. Lucky to still be working. My account was garnished on Friday took all my paycheck that was deposited. Never recieved a garnishment notice. Will continue to try and make payments; but don't know who to call about bank garnishment. Also the suit is in my name only and they took joint account money. i need advise. do i need to go to an attorney?

What kind of lawyer do I get to fight this kind of situation. I don't owe the money they sued me for.

can my bank account be garnished when my boyfriend is the main person on the account? And also only he has his checks direct deposit so they would be taking his money not mine. Can they do that?

There is a lot of misinformation on this board. First, a bank garnishment (or bank levy) is a one-time deal. They can take whats in there one time and that's it. They have to reapply for the bank levy if they want to do it again. Most of these companies use it as a shock technique to get you to call and make payment arrangements with them. Some states require that a certain amount of funds are left in the account, the rest (up to what you owe them) is frozen and the funds are transferred to the creditor.

Also, federal law exempts SSI or disability from being garnished. If that is your sole source of income and they garnish you they have to refund it immediately!

"Does the person being garnished have any rights? Or they can just take all your money
and you can never pay any of your bills, such as your mortage? What ever happened to
them taking a portion of the amount? "

Yes, ther person being garnished has rights. They had the right to pay their bill on time so that they wouldn't have a judgment against them in the first place. They had the right to go to court & fight the lawsuit. They had the right to pay the creditor in full, or at least make payment arrangements, after the judgment. By the time it gets to garnishment, they have made it clear that they are not willing or are too irresponsible to pay, so the creditor is left with no other choice. The law allows all money (up to the amount owed) to be taken from the account, and in fact, it's not even left up to the creditor to choose to take only part of the money - there's no "I feel like being nice, so only take 1/2 the money that's in their account" checkbox on the Garnishment forms.

My account is being garnished for 1187 and I have more than that amount in there. Will my balance be frozen for 21 days? Or will they just freeze the amount that is needed to pay off the creditor?

How long will my balance be frozen? I have enough in there to pay the creditor off

You need to call your bank manager. Sometimes they freeze only the amount listed on the garnishment and sometimes it is the entire account. In VA they can only freeze the amount on the garnishment order. However, I have heard that in other states it is different.

Please call the bank.

Let me also saying that they can only actually take the amount listed on the garnishment order. Freezing just means that you can NOT make withdrawls. Most banks will still allow deposits.

The best way to solve this problem is to PAY what you OWE !!

Ok here is what I found today.....

Never been to court. Never been served any court papers or anything for any debt. PERIOD.
I have 3 checking (1 personal checking, 1 student checking in my brothers name & on joint checking fiance & I) & 2 savings linked to my social. 1 personal & 1 student for my brother.
All accounts are fine. I use debit card at lunch and then I go to withdraw money out after work and NSF.
All 5 accounts have been garnished for 6k. My accounts totaled show -29k.............
I spoke to the bank (after hours) and they said it was a garnishment. That part is closed and Ill have to call back tomorrow.
What or who could do this? I have been put in the negative...

First you need to research the judgment at your county court house website, and see when and where they served you and what this is for.
If you were not served, you can motion the court to set aside the judgment for lack of service. However there is a likihood that they will refile.

I found out more details. Its for child support. Its only supposed to be 6k but they hit every account for 6k. I spoke to child support this morning and they are who told ne it is only 6k but I also informed them that I have had my son every other month for 2 months. The mother is not the one after me it is the government. Because she is or was collecting food stamps etc. IV never been served and the child support lady told me that her system also shows that I have never been served. What can I do to get it lifted? Keep in mind I live in TN and FL is where this all derives from.
How do I owe 6k and they hit me for 30k? This is crazy.

have you checked your accounts today? They cannot take more than you have or more than the order is worth. I believe you $30k in the whole is just because the order hit all accounts....it should or probably will be back out.

Where you aware that you owe for child support? Government recovery doesnt need a court order.

I had no idea I owed child support. I have my son all the time. I never had any child support order or anything.
My bank account was still in the negative today. I can't believe they put it negative like that.

Talk to the legal department at your bank for information off the order....could she be claiming food stamps fraudulently?? Call enforecment and find out what the deal is.

Well I checked my bank today (sat) and it is still in the negative. The mother of my child spoke to child support enforcement and it is supposed to be dropped. But that will still leave me to pay the state 315 because she had a cash advance???? and another 100 to my bank for processing a garnishment.

You need to be talking to enforecement too....if she got the $315 fraudulently, why should you pay it????

I received a second call from a company called CRS, in TX. The gentleman left a message since I do not answer calls from an unknown number or business. Well indeed it was the same person that called me last week. He said a complaint has been filed against me. He also advised to call him back to

my husband got papers for a court hearing on a debt that web as not heard from anyone since 2010. at the time of the court date he was having cancer surgery. I called them and they said they would get the judgement anyway. After his surgery I called them to see what to do. they would not let me talk to anyone. short version, we got a notice from my bank stating that there was a bank garnishment but they took nothing out. only had about 132 in there. he just had another  cancer surgery and was just released to go back to work. we were never in frnot of any judges.we r filing chapter 7 because of his health. this will go in there also. how long will this garnishment last. it does not give us any money to pay for his or my meds or to live on. this is capital one. can they take all our money out of the bank. we have no assets, will lose our house and really have nothing of value. life sucks at times. would have made payments if someone would have contacted us...thanks

You dont have to go before a judge when it comes to a bank levy...is a remedy of the judgment.  Get your chapter 7 filed asap.

The same thing just happened to me. On 1/14 I went to get gas using my bank card and it was declined, I immediately went home to check my account and found that there was a writ executed on my account. What was puzzling is I have bill pay on the 10th & 12th and the bank did not pay it, instead they emptied my account instead of paying my bills. Outside of the creditor freezing my money the bank is charging me $35.00 per bill that came in totalling $180.00 + $28.17 processing writ fee. On top of that I have to pay the late fee to the creditors that checks bounced $25.00 per bill totalling $125.00, so I am out of the $375.63+$208.17+$125.00 = $708.17, what can I do? I am numb!