On Monday of this week my entire checking account was frozen and every penny taken out due to a garnishment order. I have never recieved word from anyone at the bank even though they claim they sent the papers to me. I did get a notice from the St. Louis, Missouri sherrif that my checking account was to be garnished, but the paper was mailed two days after the money was taken from my account. The thing is I live in Kansas City, Missouri. The court date for them to recieve their money is in January and the court is in St. Louis. Shouldn't it be in Kansas City near me so I can attend?
2006-12-03 14:08:58 · 11 answers · asked by slytherin_95 4 in Politics & Government ➔ Law & Ethics
I tried working with these people but they wanted full payment not monthly payments. The woman actually laughed at me on the phone when I asked if they cared if I ended up on the streets.
Please no rude or smart comments about this. I expect answers from those who have had this happen or know something about it. You will be reported for abuse if you leave an improper comment.
2006-12-03 14:43:40 · update #1
Normally varies state by state. Don't think in any state you can do it without notification, normally via mail, and in many states, certified mail so it can be proven you actually received the mail and signed for it.
2006-12-03 14:12:02 · answer #1 · answered by r16g 2 · 0⤊ 0⤋
It's apparent someone received a judgment against you for a debt owed. As such, they filed a writ of execution or garnishment. You do not receive advanced notice that your accounts are going to be garnished, you receive notice after they have been seized. That is to prevent you from closing your accounts. The creditor is not obligated to notify you until after and the bank also does not have to notify you. The bank is given a court order to seize all funds in your name in any accounts. As to the location, if you incurred the debt while living in St. Louis then that is the location that has jurisdiction. However, jurisdiction could also be based upon the location of the creditor or person to whom you owe the debt. You can file a document with the court requesting telephonic participation and even request an extension of the hearing or for the hearing to be expedited and heard sooner.
2006-12-03 22:15:36 · answer #2 · answered by Ruth B 3 · 0⤊ 0⤋
It sounds to be that the bank and Creditor did a garnishment without a court order which is illegal. They can not legally do this without a court order. You need to file a counter claim as in St Louis and sue them for $1000 for violating the FCRA by illegally garnishing your account. Do the paperwork and go to the court as soon as possible to file the counter claim paperwork lawsuit. When you see this Judge, tell them you have a lawsuit pending in St Louis or if you won.
I myself would file a Small claim Lawsuit in Kansas suing the bank for illegally garnishing the checking account for maximum amount allowed plus court cost. I would request an emergency hearing especially if you need the money now. The judge may reduce it to what you had in the bank account plus court cost. If you do get more. Hang on to that amount and take the remainder minus you what you had in your checking account with you to St Louis Request that you case not be heard on this date your other court case is pending.
2006-12-04 11:23:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In most states, it is up to the levying officer to provide the notice to you. Here in California, the money is subject to a 10-day hold period to allow you to file a Claim of Exemption to get the money back if you need it for necessities like rent or food.
Check the paperwork you received from the Sheriff's Department. It may include instructions on how the fight the garnishment.
Please not that while I am an attorney, I am not licensed to practice in your state. You really should consult a local attorney for further information.
2006-12-03 23:38:53 · answer #4 · answered by Carl 7 · 1⤊ 0⤋
Nope, it doens't have to be anywhere near you, so long as it's filed in the correct jurisdiction for the action. That's a long and complex matter of civil procedure, but I would imagine it's absolutely fine. You need to see an Attorney. Notice might be an issue and it might not depending on how notice was sent and when. Go see an attorney. It's doubtful that you can do anything about it. However, it /might/ be possible.
2006-12-03 23:01:51 · answer #5 · answered by cyanne2ak 7 · 0⤊ 0⤋
Working on a debt is not an easy task, but when the law takes over, they stick it where it hurts and the onoy way out is not to work.
2006-12-03 22:11:51 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I dont believe they are required to give you any notice unfortunately. Plus, if you have a child, didn't you expect something like this to happen anyway?
Also, they dont care how far you have to travel for court.
2006-12-03 22:12:24 · answer #7 · answered by Green1808 2 · 0⤊ 0⤋
Your checking account is frozen before you get notified. that is so you can't run down and take everything out. By law the bank can't inform you before it is done.
2006-12-03 22:23:32 · answer #8 · answered by BUGS22130 1 · 0⤊ 0⤋
reality sinks in when they hurt us that way knowing that the bill was there before they took those actions....legally they followed policy they sent the garnishment to you and sometimes they proceed before the case date..sorry to hear that happen to you.
2006-12-03 22:15:21 · answer #9 · answered by alease74 1 · 0⤊ 0⤋
Never trust attorney's...
pure and simple...
they want to satisy their client.....
even at your cost.............
you prob knew some type of legal action was going to take place or at least the advent of legal action...............
actually you could have headed it off by making arrangements to pay...........
2006-12-03 22:13:16 · answer #10 · answered by cork 7 · 0⤊ 0⤋