Garnished Bank account and all payments made have been ma

Yes, depending upon your state's laws they can freeze your bank accounts, garnish your wages, put liens on your property. Did you have the original agreement in writing?

Ouch. They do have the ability to attach your assets, but they can't just randomly do it. If they wanted to attach your bank account to a judgment, they need a court order.

It sounds like they filed a complaint in court, and you either came up with the payment plan before or after judgment. If the plan you agreed to was entered before it went to trial, then the case was dismissed by stipulation, and they have no rights at all to go after your bank account yet.

If they obtained a judgment, and then you worked out a payment plan, then that plan is a standing court order. They couldn't do anything else unless you violated the court order.

To get an order allowing them to tap into your bank account, they would need to file a motion for attachment. You are entitled to receive notice of the motion and be present in court to argue against the motion. In this case, it doesn't sound like a judge would rule on the motion anyway, because you were making the payments according to the agreement.

The only reason they know you have a bank account is probably because you pay them by check. Usually they would have to file a citation to discover assets before they can freeze your bank account. After they discover assets, they can attach those assets, but then they also need to get a turnover order which directs the bank to turn the assets over to the attorney.

Go to the bank and ask them for a copy of the court order, allowing the attorney to take your assets. If they simply give you a copy of a judgment, it's not the same. If they don't show you an "Attachment Order" or "Turnover Order" or something worded similarly, then the attorney had no right to go into your bank account.

And if the bank did give out your money without a court order, then you have recourse against the bank. You could sue them for the amount they turned over, plus damages.

File a complaint with your AG as well as the attorney's bar. After all, they have a duty to uphold public interest. And if the attorney did act unlawfully, he could be dis-barred.

Mike, you have some very helpful information. Glad you are here!