Need advice on attachment to my bank account for a credit collection?

Question

I looked at my bank account today and saw that 1500 was taken out. When I called the bank they told me that this was a attachment to my bank account is where they freeze and try to take the money from your savings or checking account. This was from a credit card that went into collections. I never received any information from the collection agency or a lawyer that this would be happening. Furthermore, I just got my credit reports printed out and neither of them indicate that there was a judgment ruled against me.

I called the law office who got this judgment to go through and they said the money wasn't withdrawn from my bank account its just put on hold.

What legal options so I have to get this garnishment released considering I was never notified about it and it was never on my credit report. I am in the process of adopting a child and was told that if I file as head of household (which I do) and can show I'm responsible for a child (which I will be in November when the child is here permanently) that they cant garnish my wages. I live in Pennsylvania. Thanks for ur help!

Answer 1

It generally is necessary for a judgment to be rendered against you. This means they were required to serve you with papers to start the lawsuit.

I do not practice in Pennsylvania, but if there is a valid judgment, it is likely that at some point you, (or someone in your household) was served with a petition. This means that they then obtained a judgment against you. Once they did that, they located your bank and asked the court to issue a garnishment.

I would first go to the court the issued the garnishment, (the bank can give you a copy of the garnishment papers, which will have the name of the court) and look at the court file involved. If you don't understand the proceedings, I think your most prudent choice would be to consult an attorney.

If you don't know an attorney, contact your local or state bar association for a referral.

Answer 2

I am a California attorney, so my comments are only general in nature and cannot be construed as legal advice.

First of all, most states provide an opportunity for you to file a claim of exemption to get some of the money back if you need it for necessities such as rent or food. You may need to contact the court, the sheriff or an attorney to get the right form.

Second, you should see an attorney about filing a motion to set aside the default judgment. Right now, it doesn't matter how they got the judgment. Until it has been set aside, you owe the money. Sometimes the deadline to set aside a judgment can be very short.

Finally, you might consider making a settlement offer. You didn't mention whether or not you actually OWE the money, but you might be to negotiate a settlement without further harm to your credit.

But most of all, see a local as soon as possible.

Answer 3

You may need to contact an attorney. I had that happen to me once, too. It was by a dentist office. They can legally sieze the money in your account and apparently, they don't have to notify you. I wasn't notified, either. I only knew about it when I tried to get some money out of bank and was told that there were insufficient funds. Now, from what I understand, they have to sue you and get a judgment first. Then if you don't pay, they can ask the court to seize the money in your bank account. That's what happened in my case. I'm not sure that you can do anything now, but I know if you file bankruptcy, that stops all garnishments, etc. But, you'd need to talk to an attorney about that.