I just found out that my bank accounts in new york have been garnished due to a judgment from Va dating from 1997. I contacted the lawyer representing the apt. complex where I resided in 1994. (the bank gave me the information) he forwarded a copy of a summons that was served in 1997 to an old virginia address. I moved from va. in 1996 to new york, therefore I never received the summons, so naturally I never appeared in court and the judgment was ruled in their favor. i was not aware that I owed money to the apt. complex. i moved out and gave ample notice and I even gave them my forwarding address at the time. the apt complex says that they never received the non renewal notice and thus renewed my lease. my child support payment from my ex was in one of those accounts. I have checks bouncing all over the place. Is it legal to garnish an account that has child support payments in it? and can the lawyer garnish my daughter's custodian account? He tells me that there is nothing I can do, other than to pay the debt. I, naturally don't believe him. How can I fight this from ny? please advise.

Fr_Chuck

Of course "thier" attorney is going to tell you there is nothing they can do. but of course, they could give you the money back if they wanted to, it is totally thier choice. they took the money

Next they don't know what the money is for, once money is in a bank account it is just your money if you are the owner of the account.

You can file to have the judgment thrown out for improper service, or you file for the money in the one account to be exempt, by proving to the court it should be. ** not sure it is in your state, but if it is that is what you have to do. But I am not sure that I have ever seen child support expempt once it is deposited, but against I won't say it is not.
You need to check with an attorney and file motons to get the money released if there was a anything done wrong with the orginal filing

LIVI94

Thanks. Would it be wise to close all bank accounts, or will it make me look guilty? I have already had direct deposit of my paychecks stopped. I can't afford to have any more money taken.

Fr_Chuck

well once they are froze I doubt you can close them, and with checks out in them you will end up with over draft charges on the accounts also.
But if you have any accounts that have not forze yet, close them ASAP
and of course you have already stoped your direct deposit.

rugbug1

If you were not served with a summons or notice, anything that happens is illegal. I would go to the sheriff
to see if you were served