CAN ANYONE HELP ME?
I need info on bank account garnishment laws.....FAST! All of my accounts were cleaned out and even overdrafted yesterday, worst of all my husband and I had just deposited everything and mailed out checks to pay bills. We did not even know there was to be a garnishment. Is that legal? The collection company took everything in all of our accounts leaving one of them at 0, one at -$58, and one At $-166. The checks that we had written for bills are starting to clear now making the overdraft larger by the minute not to mention the bank fees for being negative. We will not make our mortgage, or car payment we can not buy food for our kids, gasoline to get to work or childcare, and our phones have been shut off because the check didn't clear. HOW IS THIS LEGAL? Are they really aloud to take everything and put you into a worse situation than before just to collect on a bill? Isn't there a law stating a maximum percentage allowed to be taken? How are people supposed to live......honestly I don't even have the option of filing a backrupcy at this point because I have no money, not one dollar!

Please help me find a law that might help me, by the time this is done with I will have lost $3000 to bank fees, my car, possibly my job, and all of my bills will be well past due. All because of a $1000 hospital bill.

caught in a mudslide

Thank you all for your answers and help.
So I just found out that my husband asked for his check not to be deposited and instead cashed a check and put half into one of the accts to bring it out of the negative. Is that money going to be taken as well? Can the collection agency take action against us for not depositing into that acct? This is his personal acct and doesn't even have my name on it how is it that they had a claim to his money?

angmarie33

I know how you feel the samething happen to me last week. Luckly Igot to the bank in time to get my ex- husband next direct deposit. whats so bad is that they took all of his money not mine. They came after me an got him instead .Iread the back of a pink paper that I got in the mail. It said that you have 14 day to request a garnisment hearing in front of the judge.

s_cianci

What type of judgement was issued against you? What were the terms of repayment? Did the creditor obtain a writ of garnishment to accompany the judgement, thereby allowing them to attach your bank accounts? Your bank should be able to verify that a writ of garnishment exists. Unfortunately, this is legal if and when a judgment is entered against you. Whether it should be or not is a different question, but it is.

s_cianci

Is the judgement against you strictly? If so, then any account that's ONLY in your husband's name should not be subject to garnishment. Take this up with your bank as well. Insist to see whatever documentation allowed them to freeze your account on behalf of the creditor/hospital in question.

angmarie33

the account is in both of our names I was only suppose to be a check writer on his account He is my ex- husband he works out of town 30 days at a time . This was set up this way so I could get child support out for our 2 kids . now the bank says joint account. It is only his income that goes in to that account. yes the judgement is for me only