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FG21

Bank account garnished

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Happened today, I am closing the account as soon as I get down there tomorrow morning.  I will be reading up tonight on the pinned info but for now what do I need to do?  They got about $150, it is a Synchrony Bank or Patenaude and Felix thing from 4 years ago, owing around $3000.00.  I am in WA State and have not been notified in anyway about anything, how do I even find out what court they filed in?  The bank said it was a court order, in WA State you are supposed to receive advance notice.  This is the account I used to pay with so I am assuming that is how they found it- will they try to garnish daily or?

 

I have a few other accounts, I am planning on moving everything elsewhere and paying everything through a prepaid debit card for the next however long it takes.

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Since the bank claims it was pursuant to a Court Order, then you should be able to easily get the information.  This is yet another reason why one should ALWAYS try to foster good social skills and relationships with someone at a local brick and mortar branch...

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The bank should be able to provide a copy of the court order — that should at least identify the jurisdiction and may indicate some kind of payment schedule (dollars per month or something they’re authorized to withdraw).

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34 minutes ago, FG21 said:

Happened today, I am closing the account as soon as I get down there tomorrow morning.  I will be reading up tonight on the pinned info but for now what do I need to do?  They got about $150, it is a Synchrony Bank or Patenaude and Felix thing from 4 years ago, owing around $3000.00.  I am in WA State and have not been notified in anyway about anything, how do I even find out what court they filed in?  The bank said it was a court order, in WA State you are supposed to receive advance notice.  This is the account I used to pay with so I am assuming that is how they found it- will they try to garnish daily or?

 

I have a few other accounts, I am planning on moving everything elsewhere and paying everything through a prepaid debit card for the next however long it takes.

I am not familiar with Washington laws so I am sure others can give a more detailed and informative response, but in the states that I am familiar with once a levy is placed against a bank account the account can not be closed or have withdrawals done to it (the account is basically frozen but funds are held in there for a specified time frame to ensure all outstanding checks/debits clear) and the remaining balance is forfeited to the creditor with the levy on the account.  If you have direct deposits etc. going into that account you should suspend that immediately as those funds could also be subject to the freeze & forfeiture. Once again, I do not mean to instill fear in you as this may not be the process in WA, but until confirmed I would prepare for the worst.  

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Oh they drained it but fortunately right after I had shifted everything over to my savings, etc., in another bank.  The banker said they would have to reissue another writ to get more, my account is not frozen.

 

This bank does not allow anyone but the garnish dept to discuss or have access to anything garnish related so my relationship with the bank I have banked with for over 15 years means nothing.  I'll be a former client by tomorrow anyway.

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It says they filed in Sep (I can't read the detail, just the date) but I was never notified by mail or served, etc

 

Do I have legal recourse for that?  In WA State you must be first notified of a bank garnishment.

 

 

And thank you Whychat!

Edited by FG21

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2 hours ago, FG21 said:

It says they filed in Sep (I can't read the detail, just the date) but I was never notified by mail or served, etc

 

Do I have legal recourse for that?  In WA State you must be first notified of a bank garnishment.

 

 

And thank you Whychat!

 

You are wrong.

 

For wage garnishment, you must be notified but not before your employer is served.  For a bank account levy, you never -- yes, never -- have to be notified in advance.  

 

You were obviously sued and likely never served unless the court authorized alternative forms of service, such as publication, because the creditor could not locate you.  You need to get the court records and then try to attack the judgment.  Moving your accounts can help -- temporarily -- but it is not at all difficult for a motivated judgment creditor to locate any new bank accounts.  Your best bet is dealing with the judgment.  

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