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My rights on a bank garnishment in florida

Asked Jan 7, 2011, 04:11 PM — 11 Answers
I'm a 57 year old male, have been disable sinse 2004 my daughter gets ssi and I get ssi do to my mental and heart problems before this I was a normal individual that had credit cards and had all the credit I could have , got seek and I could not pay or pay for bankcropcy' this month of december I went to the bank I all my funds together with my two daughters were frozen,my daughter fainted I almost died I was left out in the street with no money non no way I could get my hands on that money, I had no wornings nothing . I'm calling legal services in my area to see what they could do for me, please let me know my rights, thank you in advance

11 Answers
ScottGem's Avatar
ScottGem Posts: 57,998, Reputation: 28100
Computer Expert and Renaissance Man
 
#2

Jan 7, 2011, 04:24 PM


First, please don't type in all caps.

Are you saying you had no notice that someone had filed suit against you and obtained a judgment from that suit? If they obtained a judgment they do not have to inform you of any attachment of your assets.

And why were you left out on the street? Even if you couldn't pay your rent it would take time to get you evicted.
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MGSLM's Avatar
MGSLM Posts: 5, Reputation: 10
Junior Member
 
#3

Jan 7, 2011, 04:45 PM
What I mean out in the street means I had all my money in the bank I had no cash on me and when they take your money you are out on the street. I think a couple of years ago someone rang the bell at my door and game me some papers to sign at the time I was moving and probably I sign some paper that got me in to this problem but I never knew they would take my money
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ScottGem's Avatar
ScottGem Posts: 57,998, Reputation: 28100
Computer Expert and Renaissance Man
 
#4

Jan 7, 2011, 05:03 PM


Once more, please do not type in all caps.

Being out on the street means you have no place to live, not have no money.

Yes it sounds like you were served a summons and ignored that summons so they obtained a default judgment against you.

And what did you think? You borrowed money and they wouldn't want it back? You ask about your rights, but what about the rights of the people you borrowed from?

But yes you do have rights. You forfeited some of those rights by ignoring the summons. But, if you can prove that some of the money in that account was not yours and that some of the money was from exempt sources (SSI maybe) then you may be able to get some or all the frozen funds released.
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MGSLM's Avatar
MGSLM Posts: 5, Reputation: 10
Junior Member
 
#5

Jan 7, 2011, 05:19 PM
I Want to thank you for your help, but remember that you don't need to be so hard on people that are worried stressed and have no other sourse of information other than people like you that offer help throw this grate cybernetic world . Yes I owed money but I got seek my world turn up side down with two kids a home that I lost and my head gave up, I had 100% credit and was living a wonderful life. I do know I have to pay but I'm a seek person living on social security. I do thank you for your help. And if any advice you can share with me I will be forever thankful.
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MGSLM's Avatar
MGSLM Posts: 5, Reputation: 10
Junior Member
 
#6

Jan 7, 2011, 07:13 PM
I know maybe you have had a bad day or maybe a couple of bad nights, if you know what I mean, but instead of working helping people in the computer with theyr legal problems you should work in a animal hospital I'm sure you would be one of the best in that area. I would never recommend you on line or out.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
Expert
 
#7

Jan 7, 2011, 07:37 PM


If you want a "poor baby" go post in the relationship or family area, In the legal areas we are blunt, we are too the point and tell you directly what is the issue, what often caused the issue,

We don't make it sound nice and are not here to be your friend, or your buddy.

If you want frank, honest and blunt answers to a legal issue, you will get it here,

If you want some 13 year old who will make up answers and ell you what you want to hear, go to most of the other question and answer sites.

It appears you were served legal notice that you owed the money, you did not see the importatance to reading what you were served, Assuming that was the notice of the judgement, you had plenty of time to work out a payment plan, but chose not to.
MGSLM (Jan 7, 2011 08:29 PM): To me this person don't have any skills to talk to or handle people.   Source:
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MGSLM's Avatar
MGSLM Posts: 5, Reputation: 10
Junior Member
 
#8

Jan 7, 2011, 08:35 PM
Comment on Fr_Chuck's post
Quote:
Originally Posted by Fr_Chuck View Post
If you want a "poor baby" go post in the relationship or family area, In the legal areas we are blunt, we are too the point and tell you directly what is the issue, what often caused the issue,

We don't make it sound nice and are not here to be your friend, or your buddy.

If you want frank, honest and blunt answers to a legal issue, you will get it here,

If you want some 13 year old who will make up answers and ell you what you want to hear, go to most of the other question and answer sites.

It appears you were served legal notice that you owed the money, you did not see the importatance to reading what you were served, Assuming that was the notice of the judgement, you had plenty of time to work out a payment plan, but chose not to.
I need no one to hold my hand but you need to learn social skills to handle people you're attitude is not doing any good to who ever pays you for this services, and ill make sure they know about it. And I don't want to see any other mails from you .
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ScottGem's Avatar
ScottGem Posts: 57,998, Reputation: 28100
Computer Expert and Renaissance Man
 
#9

Jan 7, 2011, 08:46 PM
First, may I call your attention to the guidelines for using the comments feature found here:

http://www.askmehelpdesk.com/feedbac...ure-24951.html

I'm not sure where you got the idea that anyone is paid for this service. We all VOLUNTEER our time and expertise to benefit others. Some times we have to be blunt and harsh to wake up the person asking the questions. You came on here complaining (whining) about a situation that was, at least partially, of your own making. You needed to understand this before you can proceed further.

Another point here is that you don't dictate who responds to your posts. Unless a response violates the rules of this site (in which case you report it) its valid. You have the option to ignore the response or comment on it, but not to tell people not to post.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
Expert
 
#10

Jan 7, 2011, 08:49 PM
Sorry first Scott and I are the two of the top legal experts, and if you would take time to actually give more info, we may could help you,

Next we don't take pay for our services, we give hours and hours of our time free every day to help people.

You don't seem to want to be helped,

It apears you cared little that you were being sued, did not read the paper work, and did not go to court,

Now and only now after they took the money you want to know what to do.

If you read Scotts post, he told you that part of the money in the bank account could be exempt.

So if it is, you file a motion in court, and go to court to request part of the money be returned. There is no short cuts in this
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