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Checking Account Garnishment

Date: Fri, 04/29/2011 - 16:07

Submitted by anonymous
on Fri, 04/29/2011 - 16:07

Posts: 202330 Credits: [Donate]

Total Replies: 7


Today, the law firm Rausch, Sturm, Israel, Enerson & Hornik took all the money in my checking account that had been directly deposited by my employer. I did receive a letter a few months ago about a judgement against me (I live in IA), but since that letter, I've been calling to try and work out payments. I have to admit that I was very overwhelmed with all of the legal speak in the letter, but couldn't afford to use a lawyer. I am hoping to be able to deal with this myself, so here are my questions: Are they really allowed to take all of the money that was deposited? I can't even buy groceries or pay the sitter! My husband and I have separate accounts, but can they do the same to my husband's account? Any advice would be really, really appreciated.
Thank You.


Go to the clerk of the court that issued the judgment, and get a full copy of the judgement and the preliminary court papers. See what the terms of the judgment specify.From the court proceedings, you should also check how service of notice was made upon you, and if it was sufficientproper. You must dig into the legal issues. I recommend hiring an attorney,


lrhall41

Submitted by Lian on Sat, 04/30/2011 - 06:07

( Posts: 234 | Credits: )


I did receive a notice to appear in court, but I didn't go. I am very aware that it was a stupid thing to do, but I didn't take it very seriously. (they've obviously gotten my attention now!)
I've been doing some research - was I supposed to receive a Notice of Garnishment before the garnishment happened? Can they garnish my husband's checking account even though the defaulted cc is only under my name? My husband's name does not appear on any of the court documents I have received. I do plan on contacting an attorney this week, but some knowlegde about how this all works would be great before I talk with them. Thanks so much!


lrhall41

Submitted by anonymous on Sun, 05/01/2011 - 15:26

( Posts: 202330 | Credits: )


Thanks to you all for your quick response and your help!
Can I assume that the maximum amount that can be garnished (on a sliding scale with your annual salary) applies to account garnishments, or is that only for wage garnishment? I did not receive a notice that I would be garnished - was that illegal on their part?


lrhall41

Submitted by anonymous on Sun, 05/01/2011 - 16:05

( Posts: 202330 | Credits: )


A debtor may get a letter from the creditor inquiring about exempt funds...but they are not informed of the garnishment....garnishment is a remedy of a judgement and the debtor should be aware it will happen. So sherlyn you are wrong.

State laws do regulate how much you can be garnished.


lrhall41

Submitted by SOAPLADY on Mon, 05/02/2011 - 03:46

( Posts: 17315 | Credits: )