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roz2zie · Nov 28, 2008, 12:35 PM

Not only has my creditor garnished my paycheck, they also garnished my bank account as well. I have absolutely no way of touching my money to pay other bills. I'm totally screwed! What would happen if I just close the account and request that my payroll specialist mail my pay check to me? With the levy against my bank account, could my bank honor my request by closing it?

momof4and1 · Nov 28, 2008, 12:49 PM

This happened to us last year 2 weeks before Christmas! With only 1/2 of my shopping done and 4 kids, it was awful! Anyway, we just quit putting money in our account and they eventually just let us shut it down. They can garnish 25% of your check and if it is child support they can take 50%. Be careful though, if you take your check to your bank to cash it, they can take your money. So hopefully your paycheck comes from another bank and then you can take it directly there and cash it. Good Luck!

JudyKayTee · Nov 28, 2008, 03:32 PM

Originally Posted by momof4and1

This happened to us last year 2 weeks before Christmas! With only 1/2 of my shopping done and 4 kids, it was awful! Anyway, we just quit putting money in our account and they eventually just let us shut it down. They can garnish 25% of your check and if it is child support they can take 50%. Be careful though, if you take your check to your bank to cash it, they can take your money. So hopefully your paycheck comes from another bank and then you can take it directly there and cash it. Good Luck!

This absolutely varies by State - the percentage - and may very well not pertain to the OP.

But, yes, you can stop the automatic deposit at any time and make other arrangement.

The lien is against the bank account ONLY, not against any other transaction, specifically cashing checks, so, no, the bank will not "take the money" if a check is presented for cashing. If they do, they've committed an illegal act.

If your knowledge and experience are contrary, I'll stand corrected.

If the credit cannot get paid through liening the bank account they will undoubtedly next move on the a garnishment against your salary - which also differs from State to State.

ScottGem · Nov 28, 2008, 03:46 PM

Let me first ask if you were unaware they got a judgement against you? They had to have received one to the writs to serve on your bank and employer.

If you were aware of the judgement, then how did it not occur to you that once they got the judgement they wouldn't use all legal means to collect what you owe them?

Give us some more background and we may be able to help further

momof4and1 · Nov 28, 2008, 04:14 PM

The way they can take you money is if when you cash a check and they ask you if you have an account with them, according to my attorneys, if you give them the account that is linked to the garnishment, they have the legal obligation to turn the money over. Call your attorney generals office asap.

JudyKayTee · Nov 28, 2008, 05:09 PM

Originally Posted by momof4and1

The way they can take you money is if when you cash a check and they ask you if you have an account with them, according to my attorneys, if you give them the account that is linked to the garnishment, they have the legal obligation to turn the money over. Call your attorney generals office asap.

What State? That is NOT the law in NY - the lien is against the BANK ACCOUNT only. It may differ in other States but I doubt it.

Why do you suggest that the OP call the Attorney General? For what purpose? (I must be missing something here.)

slowandeasy · Nov 28, 2008, 05:13 PM

I am a little confused,by the anwer that momof4and1 gave.
Why would you call the attorney generals office? If I missed understood .some one enlighten me. I agree with ScottGem we need a little more information so we can better advise you

JudyKayTee · Nov 28, 2008, 05:37 PM

Originally Posted by slowandeasy

I am a little confused,by the anwer that momof4and1 gave.
why would you call the attorney generals office? If I missed understood .some one enlighten me. I agree with ScottGem we need a little more information so we can better advise you

I have absolutely no idea and that's why I asked the same question. As far as taking money out of the account is concerned, that's covered.

But the Judgment - right. I don't know what the circumstances are. And the next step of the creditor will be to file the garnishment so all in all I don't know which is the worst scenario.

But it depends on the State.

momof4and1 · Nov 28, 2008, 06:55 PM

I called the attorney general office to find out exactly what they are able to do/garnish. Let me tell you though, my state is way behind on everything! So by calling the attorney general, they can clarify any question you have or at least point you in the right direction. Here, any money passing through with your name on it, the bank is obligated to turn it over until the garnishment is fulfilled. My point was just to make the OP aware that when it comes to this stuff, don't be too careful. I wish someone would have warned me before I took my check to the bank and they kept it right before Christmas. I was just sharing my personal knowledge from what has happened to me. The truth is. Unless we are in the same situation, in the same state, or in a position of authority regarding this, none of us know for sure. So I was merely suggesting to do as much research as possible and trying to give a helpful avenue to relieve some of the stress this type of thing can cause.

ScottGem · Nov 28, 2008, 07:03 PM

And yet you continue to leave out what state you are in. We have mentioned several times that laws and processes vary from state to state. So the advice you are giving may not be applicable to the OP. But they can't know that without knowing what state you are in.

In addition, you are speaking from your own specific experience, but there may be other, individual factors, that may not make your advice applicable to others.

momof4and1 · Nov 28, 2008, 07:07 PM

Oh sorry, I am in Idaho. I just wrote that on another thread thin it was this one. Which if any of you know, we are way behind here. But as I said, Iwas justtrying to make the OP as informed as possible.

JudyKayTee · Nov 29, 2008, 07:53 AM

Originally Posted by momof4and1

Oh sorry, I am in Idaho. I just wrote that on another thread thin it was this one. Which if any of you know, we are way behind here. But as I said, Iwas justtrying to make the OP as informed as possible.

I do not find that to be the law in Idaho - I do find, of course, that the account can be liened but I see nothing about cashing checks.

Did the AG's office give you any citation or law to back that up? Did you speak to an Attorney or a Clerk (with apologies to Clerks everywhere)?

Federal Law supercedes State Law in some of these matters but I don't find a Federal Law that addresses seizing a check which has not been presented for deposit.

That check belongs to you until you hand it over for DEPOSIT - what happened to you is the same as if you'd wandered in with a $20 bill and asked for two $10 bills and they had grabbed it.

Good question and now I'm off to see if I can find any law.

momof4and1 · Nov 29, 2008, 04:45 PM

Well, I am not sure what your qualifications are, but I do know that you are an expert in law. I will stick with the things the AG and my team of attorneys has informed me, and let them continue to handle my issue.
My thing was state not federal, I was suggesting that it may be different if roz2zie's issue was federal. Which you did confirm,
(thanks, by the way) since we were not made aware of the exact problem.
That was my point, when I asked to cash part/deposit part of my paycheck, that was my mistake. I never claimed to be an expert, but was trying to help. Lets go back to the original question, because we still do not know what state roz2zie is in or the exact nature of the garnishment. Is the OP around, or is it just us?? Hahaha!

ScottGem · Nov 29, 2008, 04:54 PM

Generally a writ of attachment is closed ended. Meaning that it applies only to the current balance. The judgement holder would have to file a new writ for future deposits.

JudyKayTee · Nov 29, 2008, 04:54 PM

Originally Posted by momof4and1

Well, I am not sure what your qualifications are, but I do know that you are an expert in law. I will stick with the things the AG and my team of attorneys has informed me, and let them continue to handle my issue.
My thing was state not federal, I was suggesting that it may be different if roz2zie's issue was federal. Which you did confirm,
(thanks, by the way) since we were not made aware of the exact problem.
That was my point, when I asked to cash part/deposit part of my paycheck, that was my mistake. I never claimed to be an expert, but was trying to help. Lets go back to the original question, because we still do not know what state roz2zie is in or the exact nature of the garnishment. Is the OP around, or is it just us???? hahaha!

Here's the problem with this. You originally posted: "if you take your check to your bank to cash it, they can take your money." I do not believe that is true. Now it's turned into: "when I asked to cash part/deposit part of my paycheck"

JudyKayTee · Nov 30, 2008, 11:06 AM

{deleted quote removed -<>}

The people who post on the "facts" boards take great pride in the accuracy of their answers. It does no one any good if the replies are incorrect.

So, yes, I am literal - if you say that you tried to cash a check and the bank seized it and put it toward a lien on your account and the AG says that is legal and the FACT comes out later that you tried to partially cash and partially deposit a check I am going to ask you about it, particularly when you have quoted the Attorney General's office as your legal source. You also stated that your "team" of Attorneys gave you this same info.

If you want to post theories or feelings on other than a fact board, no harm, no foul.

Inaccurate info, "quick" or not, is just that - inaccurate information. On one other post you also posted "sorry" when the legal info was incorrect.

I don't see that your personal attack on me is warranted. If you would post correctly, in great detail for my benefit, I'm sure the info will in the long run benefit others as well and you won't have to keep saying you're sorry.