I was recently surprised that my checking account had been garnished by a creditor for a debt that I owe. I was making payments to the creditor, and then they file for a judgement against me. I don't understand it. Nevertheless, I have a disabled husband, and disabled daughter of which neither one receives any compensation for their disability.

I am the sole bread winner for the household. I have already responded to the court's motion, and replied. I stated to the court that my income was the sole income in the household. I'm hoping that the judge will see that and rescind the garnishment and relinquish the funds that are in my account.

Please give me some much needed tips, and information.

Hello Cancer64!

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Hello Cancer,

Hopefully the Judge will see it your way, but he/she might not. After all, you do owe this debt and you have an obligation to pay. But considering your circumstance, a Judge might show you some compassion.

The fact that you were making some payments is a good thing in your favour, so try to show the Judge you are trying to work it out and it is them that are being unreasonable.

The fact that they already ( sorry but if they took money from your checking account, this is an attachment not a garnishment, a garnishment is money from your pay check.

So if you also have paperwork asking about a garnishment, they may also be looking at getting a protion of your pay before you get it.

On attachments they may take the total amount in your checking account up to the amount that you owe. Even if this makes you over draw.
Also if they have a legal order to attach, they can keep coming back and getting more and more if you put more money into that account.

If they get a garnishment they will be by law allowed to take 25 percent of your paycheck. Very seldom do they allow for any hardship, of if they do, the hardship merely allows them to get only the 25 percent, since in some states they can get more than 25 percent unless there is a hardship shown.

Do go to any hearing you are notifed about, do go to the court and check on all records about any action taken so far. If a order was issued by a judge and you were not there, request a hearing before the judge on this.

I lost a judgement in 2007 , 750.00 I never paid any money. Now they filed a motion for proceedings supplemental and order. They have a debt collector and an attorney. Now they ask for 950.00 state of Indiana. I am indigent my only money is social security. How can I stop them from freezing my checking account direct deposit. Thank you.