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Bank Levies and Frozen Bank Accounts

Date: Wed, 11/18/2009 - 22:32

Submitted by anonymous
on Wed, 11/18/2009 - 22:32

Posts: 202330 Credits: [Donate]

Total Replies: 6


I live in Florida. If I were to be sued for a debt and a judgment is granted, I understand that in Florida if you are the head of the household you are exempt from wage garnishment for anything up to 500. a week. So what I don't understand is, does garnishment mean only a direct hit on your paycheck through payroll deduction? So if you have direct deposit and your paycheck goes into a bank account, is the collector still able to take your money through a bank levy? IN otherwords, does the exemption of garnishment just mean they can't take it from your check as a payroll deduction, but they can still take it from your bank account? And if that is the case, then I don't see how you are really protected from the garnishment. Also, in general, if someone were to get a bank levy against them, why would anyone keep their money in their account when they know it is going to be frozen in near future? Why wouldn't you just stop your direct deposit and pull out any money in there?


Going for your pay is easier for them to collect, that is why it is protected so heavily. Bank accounts are tougher for them to find. Some states don't allow a pay to be garnished at all but a bank account can be attached. The best thing to do is put a child or relative on the account that you have other than a spouse. If you do that, the bank account cannot be touched. If you have a spouse on it or you are the only person on a bank account, they can and will take from it.

If you get a bank levy against you, you notify the bank you have a joint account with someone else and that their money is in there too, then the bank levy cannot be honored. It is not a matter of not keeping money in there, it is a matter of a freeze on your account so money can go in but you can't take money out, only the company who put the freeze to garnish your account for a judgment can take the money out.

So your 2nd loop hole is right, don't deal with a bank at all and stop direct deposit. Pay everything in cash or money orders, western union.......Your first loop hole is to keep the account open and put a child or relative other than a spouse on the account.

Most of all, don't get sued. Answer every debt collection letter with a DV letter. Keep watch on your credit reports, watch your last payments on defaulted accounts and the statute of limitations. If a debt collector messes up, sue them with an attorney and have the debt wiped out.

Hope this helps.


lrhall41

Submitted by on Thu, 11/19/2009 - 07:49

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Quote:

Originally Posted by Anonymous
Going for your pay is easier for them to collect, that is why it is protected so heavily. Bank accounts are tougher for them to find. Some states don't allow a pay to be garnished at all but a bank account can be attached. The best thing to do is put a child or relative on the account that you have other than a spouse. If you do that, the bank account cannot be touched. If you have a spouse on it or you are the only person on a bank account, they can and will take from it.

If you get a bank levy against you, you notify the bank you have a joint account with someone else and that their money is in there too, then the bank levy cannot be honored. It is not a matter of not keeping money in there, it is a matter of a freeze on your account so money can go in but you can't take money out, only the company who put the freeze to garnish your account for a judgment can take the money out.

So your 2nd loop hole is right, don't deal with a bank at all and stop direct deposit. Pay everything in cash or money orders, western union.......Your first loop hole is to keep the account open and put a child or relative other than a spouse on the account.

Most of all, don't get sued. Answer every debt collection letter with a DV letter. Keep watch on your credit reports, watch your last payments on defaulted accounts and the statute of limitations. If a debt collector messes up, sue them with an attorney and have the debt wiped out.

Hope this helps.


does that mean if i put a relative on a joint account they can not put a bank levy on it


lrhall41

Submitted by triniskier on Wed, 10/27/2010 - 08:12

( Posts: 184 | Credits: )


This is NOT true! I am a Florida resident and my checking account was just levied 2 days ago from a credit card company debt for a judgement that was placed against me 2 years ago! I had NO IDEA that is was coming nor did I know that credit card companies could do that! My account is in my name, my husbands name and my daughters name and I am now unable to access my account at all and it's showing that I am over $6,500.00 in the negative!!! MERRY CHRISTMAS TO ME! I have been on the phone for 2 days now trying to get this resolved. Any advise or input would be appreciated!!!


lrhall41

Submitted by on Fri, 12/03/2010 - 13:49

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