a credit card company put a garnishment on my bank and took my savings and will take every penny of any child support checkes i deposit. can they do that considering its child support.
2007-09-14 15:08:27 · 10 answers · asked by dumbass 2 in Business & Finance ➔ Credit
Did the credit card company have a court order to attach your bank account?
While child support, public assistance, disability, social security are all exempt from garnishment, the credit card company didn't do that. The attached your bank account.
If you can prove that ONLY exempt funds were in that bank account, you can get the money back. But you will have to go to court to do so. If you have mixed any other money in that account, they can take it all.
2007-09-14 17:33:13 · answer #1 · answered by bdancer222 7 · 2⤊ 0⤋
Your social security benefits cannot be attached by a credit card company. A credit card company does not garnish your check anyway. They turn it over to collection agent and they file a lawsuit and have to get a court order to do that and as a private creditor, they cannot garnish your SS. If you have a pension, they can garnish that and any other assets you have.However, if you have no other assets at all except for a home and car, you should send the collection agency a letter under guidelines of the Fair Debt Collection Practices Act that you are judgment-proof. You can find a form letter online.
2016-05-19 22:52:42 · answer #2 · answered by ? 3 · 0⤊ 0⤋
If you deposit the checks into the account, no one can sort through and tell you which funds are coming from where. I'm surprised to here that they have garnished your account. Did you apply for a card through your bank?
Most times, the credit card company will just let you keep racking up your bill. They make their money on the interest it occurs. I would talk to a legal professional, and talk to the bank, and inform them of what's going on. That their are transactions on your account that you haven't authorized. They may be able to help you and stop payment on such garnishments. Next is to contact the credit company and either cancel the card and arrange a payment plan, or freeze it until you pull out of debt. Good luck to you
2007-09-14 15:34:17 · answer #3 · answered by pepinousmc 2 · 0⤊ 0⤋
I suppose it just depends on the state that you live in. In the state where I live, the most that they can do is just send it into collections and call you with their incessant threats (i.e. I'll send our thugs out to break your knees) however the government in some states is even cracking down on this. You need to check with your state and find out exactly what the laws are, if they have a debtors court, you may be getting screwed. I hope this has helped and good luck! I almost forgot, if this is some type of government issued loan or credit card then you are pretty much out of luck, they can garnish basically anything they want...I had a student loan that was going delinquent and I almost lost my tax return because of it. Good luck again.
2007-09-14 15:18:13 · answer #4 · answered by ConstantGuidanceNeeded 2 · 0⤊ 2⤋
ABSOLUTELY NOT!
Garnishments cannot be held against Child-Support, Social Security, Disability, Public Assistance, or Pension. No state in the US will allow this.
Especially with child support. It's not even your money. It's you kids.
2007-09-14 15:26:13 · answer #5 · answered by loancareer 3 · 3⤊ 0⤋
If I were you, I wouldn't be putting that money in the bank if I needed it to feed my child.
2007-09-14 18:52:49 · answer #6 · answered by Expert8675309 7 · 0⤊ 1⤋
They can't take child support, disability, or social security. Only a % of your paycheck based on your state laws.
2007-09-14 16:08:35 · answer #7 · answered by Credit Expert 5 · 0⤊ 1⤋
hello , CLOSE the bank account after u open and transfer all, But the slave card info, to the new account.
2007-09-14 15:48:29 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Ask the judge to have them ordered to stop.
2007-09-14 16:17:42 · answer #9 · answered by Richard H 7 · 0⤊ 0⤋
nope.
cannot take ssi, disabulity, child supiort, etc.
make sure u disupte it with them if they try, which they often so.
2007-09-14 15:16:36 · answer #10 · answered by magnet4trouble 4 · 3⤊ 0⤋