closing a garnished account
Date: Thu, 04/22/2010 - 13:45
You can close an account that has been garnished/attached. The j
You can close an account that has been garnished/attached. The judgment lien (the device that allows them to attach or garnish) is on you not the specific account. It will automatically follow you until the amount of the lien has been paid off then it will be released. If the bank has taken money out of an account due to the judgment lien then they have to continue doing so as long as the account is open and there is money in the account and do not need a new order every day. Whether or not they can take money from your annuity payments depends on your state's law regarding collection exemptions, which are the same exemptions used for bankruptcy. There's a good resource here: http://bankruptcy.lawyers.com/consumer-bankruptcy/Bankruptcy-Law-In-Your-State.html
Wait....you said you had no notice? It means you got sued....di
Wait....you said you had no notice? It means you got sued....did you ever get a summons? If not, find out IMMEDIATELY where you were sued and get a copy of that case, then you can file a motion to vacate to due improper service. Don't delay!
Just don't close it. Leave it open but with no money in it. In
Just don't close it. Leave it open but with no money in it. Instead have the direct deposit put somewhere else. Either open a new account somewhere else or take the money in check form and cash it.
And usually pension, social security checks etc. are exempt. Also if you receive food stamps, medicaid or any other assistance any and all of your income, no matter how you receive it is exempt....Vermont has that law. But of course check with your states laws.
Quote:Originally Posted by AnonymousCan I close out a bank accou
Quote:
Originally Posted by Anonymous Can I close out a bank account that has been garnished/attached? I did not receive any kind of notice until it was done. Also, the only deposits in the account are federal annuity pension. Can they take the Direct Deposit? If the bank garnished money in the account today can they do it again the next day without restarting their procedure? |
I am being told that I can not close my bank account. (per bank) because the account has been garnished. This is a garnishment for a county property tax bill. We no longer own the property as it was foreclosed on and there was a trustee deed placed on the property on March 3rd. I was previously told that the taxes follow the deed holder and now am being told that since it is a trustee deed and not a warranty deed that this does not hold true. Also, the only deposit in this account is a federal annuity which should be exempt, but I am being told this is not true either. We attempted to change the direct deposit but it will not take affect until after the d.d. for this month. This is in north carolina.