Bank Account Garnished and I didn't know I was being sued

[MG1984]

In order for them to have gotten the money from your account, they had to have an order for execution of financial institution. Unfortunately, they can take everything in your account (up to full judgment amount) in order to satisfy the judgment. The bank would have been provided with the paperwork and if you don't go there Monday morning, I would expect that they'll be sending you a "nice" little packet. This happened to me a couple of years ago. It was a judgment I was unaware of. Turned out that I'd been sued out of SOL, and I had the judgment reopened and the CA vacated judgment and had to return the funds to me.

 

Something I learned that might be helpful for you to know: I had two banks at the time...one at a 'chain' bank (Bank of America) and one at a local credit union. In that packet of information that came from B of A, there was a sheet from the sheriff/court with a bunch of bank names on it. They'd apparently gone from bank to bank checking for any accounts I might have held. I could tell because there were notes in all the boxes where I don't do banking. "account not found" etc. They were all the big ones....Chase, Wachovia, Bank of America, etc etc etc. There were more on the list, but they'd stopped when they got to Bank of America and were able to confirm an account and take my money. On that sheet, however, there were no small local-only banks...no credit unions at all. If I were you, I'd stop DD IMMEDIATELY. Ask for a live check at work and try and find a credit union. They never found that money of mine and thank goodness that's where the bulk of my cash was. Financial executions are normally good for ten years, which means that they can pick and choose when they feel like going in and helping themselves. Get your money out of there!

 

Also, many states have an online judicial website. You could try googling ""name of your state JUDICIAL WEBSITE". If you find one, you might be able to search for small claims cases by party name and then you'll know exactly the details of this judgment. That way you can see if they filed for only a financial execution (robbing your bank accounts) or a wage execution...in which case they'll be coming after your paychecks. Good news about wage garnishment (if we can really call it good news), is that they can only take X amount of disposable income.

 

Good luck....I have been in your position on this one....not fun. Hang in there!

[GEORGE]

Not that it helps with the "OWING" part...you could have a checking account in another state

 

Most businesses don't have signs anymore that say "NO OUT OF TOWN CHECKS" or "NO OUT OF STATE CHECKS"

[breeze]

This thread is over 1 year old. I'm sure the situation has been resolved by now.

[eelb]

In order for them to have gotten the money from your account, they had to have an order for execution of financial institution. Unfortunately, they can take everything in your account (up to full judgment amount) in order to satisfy the judgment. The bank would have been provided with the paperwork and if you don't go there Monday morning, I would expect that they'll be sending you a "nice" little packet. This happened to me a couple of years ago. It was a judgment I was unaware of. Turned out that I'd been sued out of SOL, and I had the judgment reopened and the CA vacated judgment and had to return the funds to me.

 

Something I learned that might be helpful for you to know: I had two banks at the time...one at a 'chain' bank (Bank of America) and one at a local credit union. In that packet of information that came from B of A, there was a sheet from the sheriff/court with a bunch of bank names on it. They'd apparently gone from bank to bank checking for any accounts I might have held. I could tell because there were notes in all the boxes where I don't do banking. "account not found" etc. They were all the big ones....Chase, Wachovia, Bank of America, etc etc etc. There were more on the list, but they'd stopped when they got to Bank of America and were able to confirm an account and take my money. On that sheet, however, there were no small local-only banks...no credit unions at all. If I were you, I'd stop DD IMMEDIATELY. Ask for a live check at work and try and find a credit union. They never found that money of mine and thank goodness that's where the bulk of my cash was. Financial executions are normally good for ten years, which means that they can pick and choose when they feel like going in and helping themselves. Get your money out of there!

 

Also, many states have an online judicial website. You could try googling ""name of your state JUDICIAL WEBSITE". If you find one, you might be able to search for small claims cases by party name and then you'll know exactly the details of this judgment. That way you can see if they filed for only a financial execution (robbing your bank accounts) or a wage execution...in which case they'll be coming after your paychecks. Good news about wage garnishment (if we can really call it good news), is that they can only take X amount of disposable income.

 

Good luck....I have been in your position on this one....not fun. Hang in there!

 

That was an informative post. What most people don't realize, that unless the judgment creditor has prior knowledge of your bank account, they're then moreless on a hunting mission to locate an account. Local banks are prime targets. Best choice for protection is a small out-of-state bank. They're hard for creditors to find, and even if found, the judgment will have to be domesticated in the other state. Plus, in most states, the debtor has to be given 30 days notice prior to the domestication. Giving ample time to get your money out and close the account.

[KYBOSH]

Im surprised all of our banking info isnt in on big database for anyone with a court order to access.

[Venusfan]

See if u can open up a bank account in New York. The first $1740 in your bank account cannot be touched by bill collectors with judgments

[soccrstar]

See if u can open up a bank account in New York. The first $1740 in your bank account cannot be touched by bill collectors with judgments

 

 

Is this a fact? where did you get that info?

 

After a quick Google search I found this...

 

Because of the recently passed EIPA law, however, no bank accounts can be frozen if there is less than $1,760 in the account, regardless of the source of the funds.

 

The creditor can still file a restraining notice against the account however it will be void if there is $1716.00 or less in the account. If the account has more than $1716.00 that amount will remain available and balance may be restrained. If exempt funds are direct deposited the restraining notice will be void if there is less than $2500.00 in the account. If there is more than $2500.00 only the amount over that can be restrained.

 

Hmm.... Perhaps next time I go to NY I should try and open an account there.

 

Which brings me to ask this question.

 

Say one has a chain bank (BOA, Chase, Citizens, Etc) and you open one account in say Hawaii and Open one in NY... Would the EIPA law apply to the account opened in NY? Say you have 1500 in account opened in NY and 100 in account opened in HI. the account opened in NY should be protected under EIPA law correct?