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I discovered this past Friday that my bank received a writ of garnishment. I haven't as of today received a notice. Regardless I went to the court and received a copy of the writ and I noticed that the garnishee name is incorrect.
They listed bank a as a dba of bank b and that is incorrect, they are neither a Dba of the other they are two completely different entities.
Is this Garnishment still legal, shouldn't the bank refuse to honor it until the writ is corrected?
Thanks
Considering that so many people have similar or sound-alike names most banks will not honour a garnishment unless they have the exact spelling. Even then, they will also often confer with their client or the court to ensure that it is still properly directed.
To do otherwise could result in the bank taking the wrong person's money and thus being subject to a lawsuit themselves.
In Ontario where we practice banks are quite thorough in this regard and if they find the smallest of errors they will reject a garnishment with the explanation that no match was found.
I have notified my bank and also have asked my attorney and am waiting for both the banks attorney and my attorney to let me know what the law says. I've been waiting since Tuesday and must admit I'm very impatient, the longer they wait to decide the longer I have no access to my funds. Frustrated
today I spoke with my bank and they stated that the banks attorney sent the defendent notice last tuesday to dismiss the writ due to the name is incorrect. However they advised me that what will probably happen is that the defendent will resubmit the writ with the corrected name before the writ can even be dismissed. I didn't think that this was how it should work.
I was able to go down to the courthouse yesterday and look at the documents that have been submitted. My bank submitted a notice to quash the writ based on the name is incorrect that the two banks have nothing to do with each other. And I honestly don't believe it's a typo because bank A is in California and Bank B is in Florida where I live. My understanding is that they can't take a judgment from Florida and submit a garnishment in a California bank. Regardless if they can just make an adjustment don't they have to prove it was a typo? Is my account released until they fix it?
quick update: today I received a call from the judges assistant who advised that they needed to schedule my exemption claim for a hearing. The plaintiff didn't object to my exemption claim but because their Claim for exemption is missing the portion that states how I notified the plaintiff they have to follow procedure and act as if I sent them no notification and schedule a hearing. My hearing is set for Monday October 15th. this situation has taken a month and I'm just now in front of the court and I don't even know what is going to happen. Keep you updated.
final update on this question; I went to court on Monday 10/15 and to my surprise my garnishment was dismissed, due to the exemption law in Florida. New question on new thread.
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