janeth
Aug 3, 2007, 06:28 PM
I hope someone can help me. My husband had his wages garnished by a law firm for a credit card company. He then switched jobs, so I sent the law firm a letter stating that I would like to set up some sort of payment plan and sent them a check along with the letter. I heard nothing from them but they cashed the check. This evening I checked or joint checking account online to balance my check book and noticed that they took over $700.00 and charged me $40.00 to do this. I had at least $650.00 in out standing checks. Can they take money from a checking account that contains my money as well as his?
mr.yet
Aug 4, 2007, 03:59 AM
Link to court rules garnishment Michigan
MCR 3.101 Garnishment After Judgment (http://www.icle.org/mlo/mcr/03/3.101.htm)
The bank will have to have a Writ of Garnishment, signed by a judge.
Now you can File a Motion to Quash the garnishment in that court, Motion to Quash , Third Party Claim.
Most states it is require that you have 30 days before any funds may be transfer out.
You can do a online search for garnishment in your state to see what the court rules are.
You need to do the motion Monday, this will prevent the bank from releasing any more funds, make sure they get a copy even if you have to hand deliver it.