Payroll and bank account garnishment
Date: Thu, 10/01/2009 - 06:59
I'm in Kansas and I recently had a judgement against me and then they started garnishing my paycheck at the maximum -- 25%. Then I take another hit, they took everything in my bank account and left me with $1.
Can they do both? I was under the understanding that they could only take up to 25% of my earnings. I only get about $480 every two weeks now due to the garnishment and then they take my bank account and I'm left with nothing to pay bills.
I know I messed up, please don't tell me that. I have paid off over $10,000 in bills this year already and this one just didn't get paid fast enough.
Please advise and quick. Should I close my bank account? Because my car payment is due next payday and I HAVE to pay it. I'm already on a payment plan with them and I can't get behind on that one. I'm really scared and haven't stopped crying since they took what little I had in my bank account. I didn't think they could do both!
I am 90% sure that is illegal as they are already taking out the
I am 90% sure that is illegal as they are already taking out the Federal max of 25% from your pay.
You need to get to the bank ASAP and tell them this. Most likely they can reverse it and get your money back.
Do you have any kids? If you do, put one of them on the account. Once you involve a 3rd party, not including a spouse, a bank account cannot be garnished. You could even put a friend on that account. Read this:
Garnishments can be filed every 30 days until the judgment is satisfied. Every time a judgment creditor wants to rape your bank account, they must file a new levy. Each levy is good for one shot only. While this may be time consuming for the judgment creditor, it is well worth it for them to pay the filing fees each time. You can change several patterns to reduce your odds of having your accounts seized. A judgment creditor cannot levy a bank account that has an uninvolved party listed on that account. If your bank account is being targeted and you have no desire to open a new one then consider adding a child on your account as a trust or co owner. Once a third party to the debt is added to that account, it throws a wrench in the judgment creditors plan to seize your funds. If a judgment creditor knows your bank account number then they will continue to target your account until the debt is satisfied. Adding a trust to your account and then notifying the judgment creditor that they are seizing an account with a third party on it should stop the levies unless of course that third party is your spouse.
Thank you. That's very helpful. I was stunned because i already
Thank you. That's very helpful. I was stunned because i already am losing 25% of my paycheck -- the MAXIMUM! This is a horrible blow. I did try calling the bank yesterday and they said they have to honor the court order. I told them I already had a payroll garnishment for the 25% and they said they still have to honor the court order.
So the court order states they can debit your bank account until
So the court order states they can debit your bank account until the judgement is satisfied? I have NEVER heard of this before....just the wage garnishment.
They never gave me a court order. They just started this. I just
They never gave me a court order. They just started this. I just called and they said that I have to get that from the court. Lovely, huh? They refused to send me one and they refused to tell me what other legal action they may be taking or how often they plan on debiting my bank account. I'm trying to figure out if I need to close my account or not!
You will have to talk to the court about this and find out. Tell
You will have to talk to the court about this and find out. Tell them they are already taking the money out of your pay so how can they go into your bank account too....
I would also look into getting an attorney and see what they have to say.