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View Full Version : Virginia Bank Account Garnishment law changed as of 11/08?


ladyroller99
Dec 22, 2008, 07:47 AM
I recently had my checking account garnished after the debt was paid in full. I have tried to no avail to reach the court system to find out if they can fax paperwork to my bank to have the garnishment released. I believe because it is the holiday that no one is available at their office. I do not want these people to receive another payment because I can imagine the process I would have to face in trying to get a refund. The bank informed me that I only need a garnishment release letter from the company who processed the garnishment in order to have the levy released. The company is telling me that as of last month(how convenient) a law was passed in Virginia that states a judge must sign off on the garnishment release form before it is sent to a bank. Can anyone verify if this information is true or not? I have been getting the run around from this debt collection agency and their very rude and crass employees. I get a different answer from each person that I speak with. I have the names of three individuals that I have spoken with and each time, the information given to me is different than the previous person that I spoke with. Can anyone validate the debt collection agency's claim that a judge must sign off on the garnishment order before it is released? The bank is sticking by their claim that all they need is a letter from the garnishment department of the company. THese people waited until the holiday season to process this garnishment and low and behold, I cannot find anyone to assist me and it's so unfair. I purposely paid this off so that I would not have to go through this but it's very disappointing to know that now I have to sit and wait to receive help from anyone besides that heinous debt collection agency. I know this is long but I really am at my wits end.

JudyKayTee
Dec 22, 2008, 08:11 AM
I recently had my checking account garnished after the debt was paid in full. I have tried to no avail to reach the court system to find out if they can fax paperwork to my bank to have the garnishment released. I believe because it is the holiday that no one is available at their office. I do not want these people to receive another payment because I can imagine the process I would have to face in trying to get a refund. The bank informed me that I only need a garnishment release letter from the company who processed the garnishment in order to have the levy released. The company is telling me that as of last month(how convenient) a law was passed in Virginia that states a judge must sign off on the garnishment release form before it is sent to a bank. Can anyone verify if this information is true or not? I have been getting the run around from this debt collection agency and their very rude and crass employees. I get a different answer from each person that I speak with. I have the names of three individuals that I have spoken with and each time, the information given to me is different than the previous person that I spoke with. Can anyone validate the debt collection agency's claim that a judge must sign off on the garnishment order before it is released? The bank is sticking by their claim that all they need is a letter from the garnishment department of the company. THese people waited until the holiday season to process this garnishment and low and behold, I cannot find anyone to assist me and it's so unfair. I purposely paid this off so that I would not have to go through this but it's very disappointing to know that now I have to sit and wait to receive help from anyone besides that heinous debt collection agency. I know this is long but I really am at my wits end.



I can find nothing that changed the Law in Virginia since 2006. That doesn't mean it's not there - it means I can't find it OR it hasn't "hit" the Internet yet.

I'm in NY but when a Judge's signature is required you need the actual document. A fax is not sufficient when it's a legal document. I can't imagine the Courts are closed for the entire week - I think you have to keep calling.

I do believe you are at your wit's end - lately there have been several postings about Judgments that have been satisfied but the garnishment continues. And you're right - getting the money back is next to impossible.

I think you have to keep calling the Court and possibly make the trip down there to get your hands on the paperwork. Of course, somebody has to prepare the papers for the Judge to sign and who knows how long THAT will take - !