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Home > Money & Services > Bankruptcy & Debt   »   Writ of Garnishment (Bank Account)

 
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Old Jan 25, 2006, 06:20 AM
Jac.Bower
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Writ of Garnishment (Bank Account)

If A writ of Garnishment is issued by a court in Texas can the plaintiff execute this garnishment on my bank account in New York?
I am a resident of Texas but when I moved from New york I never changed banks. My bank is also not available anywhere in the State of Texas. Can the creditor still take my money?

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Old Jan 25, 2006, 06:29 AM   #2  
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Texas

If your account is in Texas, and the attachment is issued in Texas, signed by a judge, than they can do it. If your account was in New York, than no, They must file in New York, They would have to summit it to a court in NY.
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Old Jan 25, 2006, 08:26 AM   #3  
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Quote:
Originally Posted by mr.yet
If your account is in Texas, and the attachment is issued in Texas, signed by a judge, than they can do it. If your account was in New York, than no, They must file in New York, They would have to summit it to a court in NY.
Thank you for the quick response. Another question... Is garnishment for credit card debt, applicable to savings accounts as well or is it just for checking accounts?
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Old Jan 25, 2006, 08:30 AM   #4  
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accounts

any and all accoounts at that bank, even if you have 2 or more they will attach up to the total of the garnishment
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Old Jan 25, 2006, 12:28 PM   #5  
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garnishment

Please remember it is no problem to present the order of garnishment (attachment) to a court in another state and have it ruled on. So if they have already got a garnishment issues in one state, they will carry it to another state, it is not that big of deal to get it honored normally by another state.

A garnishment( attachment) will normally list all bank accounts and other wording, so yes, any account that has your name on it, if you name is on your elderly mothers account ( just an example) but it is her account, they will take all the money from it.

If you have a current balance of 1000 but really already have 900 written out that has not cleared the bank, they take the 1000 and you get bounced checks all over the place.

Next normally when they take money from your checking and savings it is called an attachment. A garnishment is normally where they file to have money taken from your payroll check when you are paid.

These are two different court actions ( sometimes done at the same time)

So if they are going a garnihsment, expect your paycheck to be alot smaller shortly. If they are attaching your bank accounts, expect -0 balance soon.
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Old Jan 25, 2006, 10:10 PM   #6  
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Thank you for the response Fr_Chuck, A friend has agreed to open a account in her name for me so I'm going to put all my money in there for now until I get this settled. It is my understanding that Texas does not allow wage garnishment for credit card debt so I assume I am safe from having my pay checks garnished. Thank you for the info though. How long after judgement does one know if their accounts have been attached? And how long after judgement, does it take for the collector to take action on the account?
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Old Jan 26, 2006, 05:41 AM   #7  
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time frame

I am not sure any longer how long the court order is good for, They normally make it open so they have time to find the accounts.

Also becareful, if you read alot of the other posts here you will see different stories where "friends" who are on accounts take all the money.


I will be honest I am not up on Texas as to credit card debts, at one time they would take credit card I thought but would not take child support
( this is 80's) never figured that one. I lived in Texas for a couple of years and we got alot of judgements against alot of our employees back in those days.

Best bet if they have a court hearing and they will to get this, go and then you can ask or at least know more of what is going on
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