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    0817ldp's Avatar
    0817ldp Posts: 9, Reputation: 1
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    #1

    Nov 13, 2007, 06:34 AM
    Bank garnishments
    Can a law firm that has received a judement against me take my money from my bank account if so how do they do it?
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #2

    Nov 13, 2007, 06:49 AM
    Yes, they will simply take the judgment to your bank and have your account garnished.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 13, 2007, 06:55 AM
    Actually its not always that simple. Usually they have to know the account number and they have to obtain an order from the court to attach the account. However, you will not be notify of the request or granting of such an order. What usually happens is the account is frozen giving you some time to appeal, but if the judgement was obtained correctly then there will be no grounds for appeal. Often the first you learn of it is when you try to draw on the account and its been frozen.
    0817ldp's Avatar
    0817ldp Posts: 9, Reputation: 1
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    #4

    Nov 13, 2007, 07:33 AM
    How do they obtain your account number info?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 13, 2007, 07:36 AM
    Through a variety of ways. Credit reports, interrogatories, payment records, etc.
    0817ldp's Avatar
    0817ldp Posts: 9, Reputation: 1
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    #6

    Nov 13, 2007, 08:07 AM
    One more thing if I remove my name from my moms account can they do anything to her account also I am on my sons account as a signor he is in the airforce and I am on his account for emergency purposes
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #7

    Nov 13, 2007, 08:09 AM
    They cannot garnish joint accounts.
    0817ldp's Avatar
    0817ldp Posts: 9, Reputation: 1
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    #8

    Nov 13, 2007, 08:11 AM
    Comment on ScottGem's post
    Ihe knew what to tell me
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Nov 13, 2007, 08:13 AM
    Yes, they can attach any account you are listed as a joint owner. However if you are only listed as an authorized signer they can't touch that.
    0817ldp's Avatar
    0817ldp Posts: 9, Reputation: 1
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    #10

    Nov 13, 2007, 08:15 AM
    Are you 100% sure of this I live in Oklahoma and I believe I jut read a story about a lady that had her jouint account froze
    0817ldp's Avatar
    0817ldp Posts: 9, Reputation: 1
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    #11

    Nov 13, 2007, 08:16 AM
    Comment on charlotte234s's post
    Because she replied to it promptly
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #12

    Nov 13, 2007, 08:20 AM
    I don't think they can garnish a joint account if it's a private collector. Could be wrong, though. Sorry.
    0817ldp's Avatar
    0817ldp Posts: 9, Reputation: 1
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    #13

    Nov 13, 2007, 08:27 AM
    Thanks for all your help I am very grateful what is the significant difference between a signor and a joint owner I just want to be sure that I do not jepordize my sons account
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #14

    Nov 13, 2007, 08:28 AM
    Hanks for all your help I am very grateful what is the significant difference between a signor and a joint owner I just want to be sure that I do not jepordize my sons account


    Well a joint owner has their own money in the account, a signer doesn't, so they won't take away his money.

    Apparently I was wrong about joint accounts, I looked it up and I apologize, they will freeze the account and have the non-debt-owing account holder prove which funds are theirs and will not garnish THEIR money but will garnish the debtor's.

    Sorry about that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #15

    Nov 13, 2007, 05:15 PM
    Quote Originally Posted by charlotte234s
    I don't think they can garnish a joint account if it's a private collector. Could be wrong, though. Sorry.
    Doesn't matter who it is. They can attach any asset the debtor is a joint owner of. However, if they can prove that the source of the funds is the other owners they can quash the attachment.
    charlotte234s's Avatar
    charlotte234s Posts: 1,903, Reputation: 143
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    #16

    Nov 17, 2007, 10:54 AM
    I already said I could be wrong mowerman, read please?
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