How can I stop a checking account garnishment?

Question

I had a judgement against me because I couldn't go to court or I would have lost my job. Even before we went to court I was paying them money. I continued to send them money after the court date even though I received NO paperwork from the judge or the attorney about the judgement. I then go to use my debit card today to get food at the store and its declined when I use the debit. It finally went through using credit. I called the number on the back and found out there was a lein for a garnishment on the account. I would expect a wage garnishment but not something on my checking account. I live alone and need to pay bills and rent with that money. Is there a way to get the lein off. Who would I contact about getting it released. I have a few ideas of what I can do but would like another few options. Please only honest answers. Anything dumb or stupid will be reported for abuse.

Answer 1

If there was a lien legally placed against your account, you probably can't get the money already taken back. But you can try to, by asking the bank for a form to challenge an unauthorized transaction to your account--just tell a teller at the bank that there is an unauthorized withdrawal from your account, that the creditor claims to have a judgment, but that you have never been notified of it. It is rare, but it does occasionally happen, that a creditor will lie about having a legal lien. If the bank won't help you with this, you can stop future garnishments, at least for awhile, by getting a new bank account, preferably at a new bank.

You can avoid people finding out your bank account numbers by not using checks to pay bills. The creditor uses the information from your checks to obtain the lien. Use money orders or travelers checks to pay bills instead.

If you get a new account, and it is later garnished, you may have to stop keeping your money in the bank, as unpleasant as that would be.

I helped a friend with a similar problem recently. Be sure not to give out your banking information to anybody. Best wishes getting this straightened out.

Answer 2

Bank Account Garnishment

Answer 3

You could probably contact the original creditor who successfully tried the judgement and got a court order to receive money via wage garnishment.

You missed your big chance at court, and you're lucky you don't have a warrant for not showing up after being served. Well, you might check on THAT also... just a friendly heads up. Ignoring a summons is grounds for "Contempt of Court". And they might not show up at your door, but the next time you get pulled over for a ticket, you might be getting cuffed and stuffed. I would call the police station to see if you've got a warrant. If you do, get down to the courthouse ASAP and see the judge that was scheduled for your case and beg forgiveness.

Since you have a judgement against you, nobody has any reason to release your lien until the debt is paid in full. Nobody involved cares about your expenses, bills or rent. They want their money. As far as being "garnished" before your court date, that is something you'll have to take up with your creditor.

That doesn't make sense, but then again, I'm not involved.

I hope this doesn't sound angry or mean, but just the facts, ma'am.

Good luck.

By the way, with a joint account, they'll take the money regardless of who earned it. Yes, even "the other person's money". But a wage garnishment means that they'll contact your HR/employer to take the money before it even goes on your paycheck or direct deposit.

Often they will garnish your checking account to avoid you being embarassed at work. But if you close the account, they WILL eventually get the money from you one way or another.

Answer 4

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Draw out all your money in coins and stash it in a jar somewhere where it'll be safe and nobody knows about it. Banks are the worst places to keep money when there some legal stuff going on. The IRS and other nice folks can freeze your assets faster than penguin crap on an Antartic ice cap. The continues to use your money for whatever banks use other people's money for but you can't touch a dime of it until all the slick lawyers clean you out. Then the bank will charge you for service fees. GET YOUR MONEY OUT NOW BEFORE IT'S TOO LATE!

Answer 5

Call the Clerk of Court & see who handled your case. Call them or visit & see if they will remove lien & set up payments.
This was done when you did not show up. Mostly all banks are tied through a central system now, so if you close account it will not only show up on new account but may stop you from opening a new account. The new banking system is tough. Times have changed & banks give no protection from courts or goverment. You may have to go to cash transactions or money orders until you pay off lien. Good luck!

Answer 6

what you gotta do is close that account. should be easy if you don't have direct deposit. If you do have direct deposit, you are pretty much screwed.

doing this will affect your credit; but, you already have a judgement on your record, so, it really shouldn't matter.

you may have to go cash and carry for awhile. better yet, try going to a credit union; they will help you more than a conventional bank will.

Answer 7

Never thought about that too much

Answer 8

Cancel the account and open a new one. Maybe make it a joint account so they can't do it again.

Answer 9

It depends..

Answer 10

Anything dumb or stupid will be reported for abuse.

THATS NO WAY TO GET HELP FROM ANY ONE.
THREATS ARE SILLY.