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


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31 replies to this topic

#1 talisadesigns

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Posted 11 October 2008 - 12:19 AM

:) Oh my goodness I am having a panic attack. I was online about 20 minutes ago trying to pay a bill and the my debit card keep declining. Well I went and check my bank account and saw that all my money had been garnished. I don't know know by who or anything because I didn't know I was being sued. I never received any notification or anything from the courts. Someone please help what should I do!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :P



#2 jack1212

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Posted 11 October 2008 - 12:26 AM

did a specific message say it was "garnished"?

jack1212

#3 ama

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Posted 11 October 2008 - 12:28 AM

call the bank, find the right person to question on this, ask to come down and see the paperwork authorizing someone to pull $$$ out of your account.

Be sure and find out if the bank should have contacted you, and if so, why they didn't.

From there, who knows, but you may end up needing an attorney.


One more reason why people should have more than one bank account. Kinda like GEORGE's line about a spare card or twenty.

Always nice to have some money stashed elsewhere, even if it's in your mattress.

#4 sjca

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Posted 11 October 2008 - 12:34 AM

:) Oh my goodness I am having a panic attack. I was online about 20 minutes ago trying to pay a bill and the my debit card keep declining. Well I went and check my bank account and saw that all my money had been garnished. I don't know know by who or anything because I didn't know I was being sued. I never received any notification or anything from the courts. Someone please help what should I do!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :clapping:

Are you sure it was garnished or could it be identity theft? Is there a joint account holder?

#5 dd50

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Posted 11 October 2008 - 12:40 AM

You may want to check the courts online if you think you were garnished.

#6 talisadesigns

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Posted 11 October 2008 - 01:01 AM

The transaction line simply indicates:


Descriptive Withdrawal / Garnishment Received

#7 jack1212

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Posted 11 October 2008 - 01:09 AM

Do you have any idea who could have done it, and why?

#8 talisadesigns

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Posted 11 October 2008 - 01:23 AM

Do you have any idea who could have done it, and why?



I have no idea at all that's why I'm so messed up about this.

#9 persevering

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Posted 11 October 2008 - 01:38 AM

call the bank, find the right person to question on this, ask to come down and see the paperwork authorizing someone to pull $$$ out of your account.

Be sure and find out if the bank should have contacted you, and if so, why they didn't.

From there, who knows, but you may end up needing an attorney.


One more reason why people should have more than one bank account. Kinda like GEORGE's line about a spare card or twenty.

Always nice to have some money stashed elsewhere, even if it's in your mattress.


Does having an account with a bank or credit union without any branches in your state make it any harder for the would-be garnisher to locate and garnish the account of the garnishee ?

#10 purplecharm

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Posted 11 October 2008 - 01:57 AM

Do you have any tax liens? If so, the government does not have to sue you to put a levy on your bank account.

Make sure you contact your bank first thing in the morning.

My account was levied by the state of Michigan back in June. I only had about $10 in the account, so that was all they got.

They garnished my wages a few weeks later in one lump sum. :D

#11 jack1212

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Posted 11 October 2008 - 02:04 AM

OP:

Do you have an emergency fund?

#12 talisadesigns

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Posted 11 October 2008 - 11:24 AM

I contacted the bank and they told me the garnishment was from an apartment complex I lived. A judgement was issued two years ago and that was the last I heard about it. Now fast forward two years and they are garnishing my bank account rather than garnishing my wages. Is that legal?? Aren't they still supposed to send me notification of the garninshment. Hell I will be homeless because my check is automatically deposited and according to the bank they have to continue giving up ALLL my money until its paid in full.....

#13 Auto_Body_Chick

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Posted 11 October 2008 - 11:30 AM

Time to close your bank account.

I'm sorry OP.

#14 clutchcargo

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Posted 11 October 2008 - 12:03 PM

Wouldn't the judgement show up in the public records section of your credit report?

#15 Lynn37

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Posted 11 October 2008 - 12:08 PM

Wouldn't the judgement show up in the public records section of your credit report?



Not always. I live in a rinky dink area. No one is going to search the public records here.

#16 peanutandbutterbean

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Posted 11 October 2008 - 12:14 PM

tell your employer to STOP your DD. Just contact them monday morning. I would keep your $$ out of the bank until you get this cleared up. I am having to go sans bank account right now for the same reason. I have F Hanna on my butt for the next 5 years...with no job and no assets hopefully they just leave me alone though...

Good luck OP

#17 gizmocruz

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Posted 11 October 2008 - 12:17 PM

Is there a reason that you can't stop the Direct Deposit and get a paper check?

They went for the bank levy because they can get more at a time that way. If they went for wage garnishment, they can only get a percentage of your disposable earnings, and you can usually get exemptions from that, making the amount they can take even less.

#18 no2chaos

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Posted 11 October 2008 - 12:19 PM

whoaaa here. A garnishment can only be for a percentage of disposable income. The court has to leave you an amount for self sufficiency which is usually not enough. Go to the court and get a copy of your case. Go to the bank and get a copy of the garnishment. Look over these documents and take them to the legal aid office and ask some questions of the pro bono attorney and explain your situation and I bet that he can get that reduced so that you at least have income to live on. I am no attorney and I could be wrong but this sounds fishy to me.

#19 centex

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Posted 11 October 2008 - 12:27 PM

whoaaa here. A garnishment can only be for a percentage of disposable income. The court has to leave you an amount for self sufficiency which is usually not enough. Go to the court and get a copy of your case. Go to the bank and get a copy of the garnishment. Look over these documents and take them to the legal aid office and ask some questions of the pro bono attorney and explain your situation and I bet that he can get that reduced so that you at least have income to live on. I am no attorney and I could be wrong but this sounds fishy to me.


A levy of the bank account can take everything in the account up to the amount owing for the judgment.

#20 no2chaos

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Posted 11 October 2008 - 01:48 PM

Thank you centex, I was not aware that this was a bank levy..Got educated today..Have a great one.

#21 trillom

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Posted 01 March 2009 - 08:54 PM

Can they still freeze a bank account even if the debtor is only an authorized account holder (spouse is primary)??

#22 cinnamngrl

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Posted 01 March 2009 - 09:41 PM

I contacted the bank and they told me the garnishment was from an apartment complex I lived. A judgement was issued two years ago and that was the last I heard about it. Now fast forward two years and they are garnishing my bank account rather than garnishing my wages. Is that legal?? Aren't they still supposed to send me notification of the garninshment. Hell I will be homeless because my check is automatically deposited and according to the bank they have to continue giving up ALLL my money until its paid in full.....


If there was a judgment against you, then eventually they would come for their money. Did you get served in the lawsuit?

#23 GEORGE

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Posted 01 March 2009 - 09:54 PM

Not that it will SOLVE THE PROBLEM...CLOSE THE ACCOUNT and stop DIRECT DEPOSIT

#24 ProfessorMom

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Posted 01 March 2009 - 10:13 PM

I have no idea what state you're in but I found this for Virginia and this for Michigan. I'm sure many states have similar rules and regulations.

Edited by ProfessorMom, 01 March 2009 - 10:19 PM.


#25 GEORGE

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Posted 01 March 2009 - 10:18 PM

Not that it will SOLVE THE PROBLEM...CLOSE THE ACCOUNT and stop DIRECT DEPOSIT

CHANGE BANKS

(Not same bank)




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