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Home > Money & Services > Bankruptcy & Debt   »   bank account garnishment law

 
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Old Apr 2, 2006, 01:15 PM
tbreland
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bank account garnishment law

Can a creditor place a garnishment on my account and take or hold funds without notifying me first. this has recently happened to my bank account and now there are numerous over draft charges because of this hold and the transactions where prior to the hold is this legal.
Thank You,
Tbreland

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Old Apr 2, 2006, 01:23 PM   #2  
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First you will have had numerous letters and calls that you owe the money.

You would have been notified that there would be a court hearing for a judgement. There would have been an court hearing to get the attachment.

If you have moved, they would have sent notification at the last addresson file. They would have supplied this info to the court. If you check with the court, you will see how they tried to serve you with the papers
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Old Apr 26, 2006, 04:58 AM   #3  
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While all this is well and good, how does one find out what court issued the levy, what the conditions of said levy, etc. First information we had that there was a debt was when our account was frozen. While we no longer live in the same address there is a complete paper trail of change of address forms to our new address. in addition We are listed in the NYC phone book with our full names and current address.
When we discovered the account was frozen, (Ie as we passed our card to pay for dinner and it was rejected) we were given the name of a collection agency and a phone #. No where were we able to find any information on said collection agency, but a reverse phone # lookup led us to an attorneys office in downtown Manhattan. Again no listing or association with the purported "collection agency nor a DBA filed with any state agency.
At this time we are being told there is nothing we can do and they will give us no further information than it involves a @VISA card, until they recieve a transcript from our bank at wich time they will contact us to make payment options and "possibly" remove the levy withing 14 buisness days....
We are hijacked as we have never had a VISA account, can get no information from anyone including the banks, consumer affairs, levieing attorney. We have never even been contacted as to the validity of the debt nor have been given an opportunity to refute that we have ever had a visa card....
I know it is not a question but , Sheesh,. Spent the entire day yesterday trying to get any information whatsoever but we are told until the bank responds to an "information Subpeona" that know information is available.... What do we do next?
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Old Apr 26, 2006, 03:43 PM   #4  
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The bank can supply you a copy of the court order. You will need to normally find out which department in the bank handles this and talk to them.
You may have to make a written request or go to the bank in person.

Also you may want to check your credit report, it should be showing up there also
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Old Apr 3, 2008, 11:58 AM   #5  
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I Am Trying To Buy A House. Well I Have A Garnish On My Bank Account That I Was Unaware Of. What Can I Do To Continue My Purchase Of The Home
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Old May 2, 2008, 02:31 AM   #6  
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Well i can't answer that question,due to the fact i have the same question too.
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