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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.
If they garnished your account the bank must have a copy of the court order. Get it and File Motion to Quash with that court, The bank most wait normally 30 days before they can release the funds. But you must do it now.
are you sure there isnt more to this story? I cant see all of this for a $1000 hospital bill. Back when we were in debt, we were worse off than you (at least 3000 in debt to hospitals/doctors) and never once were we ever even threatened with garnishment...and we had that debt for almost 2 years...I may be wrong, but it sounds strange to me.
Thanks for your quick response and yes there is always a story! I am 30,000 in debt for a number of reasons, including my husband being unemployed for the first 2 years of our marriage, living on CC's and school. I am (or was, the money to pay the lawyers payment was in that acct) in the process of filing a bankrupcy. I don't understand the aggressiveness of the hospital in collecting thier money though. I owe far more money to student loans & CC companies but they have never threatened me with a judgement. This process went so fast I hardly knew what happened. It went from one statement to one collection letter to court papers, I had signed a payment agreement stating that I could pay $25per month and they called to say that the required minimum was to be $106 , I told the billing lady I couln't do more than the $25. Like I said I was in the process of filing bankrupcy because I knew that I could not catch up at this point. Can they really take everything and leave you worse off? They had a judgement in the amt of 2968.07 and did not get that full amount from my accts, does that mean that they can do this again- all of our money is direct deposited.
I wasnt trying to be rude, I was trying to get all the facts. It makes a difference on how I would answer your question.. You cant expect people to know how to fix your problems unless you are honest. I would say it was wrong for your wages to be garnished for such a minimal amount, so I was trying to see if there were other debts so I could better help you. If you want help, you are going to have to be a little less demanding and a little more willing to give details.
this will also help... there are laws in place, but they vary from state to state. To be honest though, if you did not pay on any of these debts, even $5, they had the right to go in there...
If they went after it that aggressively, they most likely could tell by your credit report that you were posturing for bankruptcy and wanted to get theirs before you could claim them in the bankruptcy suit.
I understand, believe me, I know its hard when you are so deep in debt you feel like you cant breathe, and Murphey just wont stop knocking. I hope my links can help.
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