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ladydays
Jun 28, 2008, 11:05 AM
I live in WA state and here the order to the bank is called a >Writ of Garnishment. Old debt on a car repossessed when employer went out of business. Lost wages... shock.. etc.. etc.


Got back on feet, ordered credit report and notice car loan was listed as a charge off. Silly me thought there was nothing else that could be done about the charge off, but to let it age.

However, just before Christmas my bank account was attached for almost the entire amount that that was left on the car when it was sold. My account was emptied and I was in shock, (originally thinking my employer has messed up my direct deposit). But now the loan is twice the amount, and the collector/attorney's agency has a judgment that I knew nothing about! This creditor never contacted me after buying the loan for probably 1/10 of the original value!

No problem. I was ignorant enough to think the loan had gone bye bye, so I didn't protest the funds that should not have been legally touched.
My account of 10 years with no NSFs was now over $400.00 overdrawn.
I tried to contact the creditor, but they used a taped message to say we don't want to talk to you, but give us your name and address and we will send you a form to fill out, and then if we feel like it, we might make a payment arrangement with you(me). I do not go for it, and start thinking about BK.

Fast forward to this Friday, and again money gone from different bank shared with my daughter, and yes her funds gone too per bank (Garnishment to Hold), with$35.00 left, and then another (Garnishment to Hold )and $100.00 taken out same day, same account.

My question is, IS it possible that the $35.00 was left because the judgment has been settled, or what? I am thinking that the judgment has been settled and the $100.00 is the bank's fee, though the bank it seems, wants to hide that little fact.

Thanks in advance for any info

Fr_Chuck
Jun 28, 2008, 11:28 AM
Well how much was the judgement for and how much money have they gotten, the judgement is not settled till they get every penny that was in the judgement back.

Also if your daughter had her money in that account, and you can prove she earned the money, she can file with the court for her money back.

Next there is little to talk to them about, they want payment in full, and look like they will garnish till they get it But if they did not take all of the money, normaly that means the garnishment was satisfied

ladydays
Jun 28, 2008, 12:09 PM
Well how much was the judgement for and how much money have they gotten, the judgement is not settled till they get every penny that was in the judgement back.

Also if your daughter had her money in that account, and you can prove she earned the money, she can file with the court for her money back.

next there is little to talk to them about, they want payment in full, and look like they will garnish till they get it But if they did not take all of the money, normaly that means the garnishment was satisfied

Hi Fr_Chuck, and thanks for the quick response. The original amount left over after car was sold was $3,922.53 in July 2003. Judgment was for $6354.98, and not sure how much they got in Dec. 2007. They took my entire paycheck, plus monies already in the account. Was just in such shock and disbelief that I do not remember exactly how much was in the account. My son was on the with account me, just in case something happened to me, and he had deposit money he borrowed from me. But I think it was well over $2300.00

This time they took $3663.84, and left $35.00 even.
My daughter just called the bank and they admitted that the $100.00 charge was their fee.

ladydays
Jun 29, 2008, 06:36 PM
Ok, I just got the papers from the bank andCalvalry Portfolio Services. It seems they (Calvalry) have INCREASED the amount I owe from the time they got the judgment by almost $1000.00! The amount now is $5631.24 for a debt that was only $3922.53! Even after getting well over $2300.00 the first time they did this!

The amount they took from my daughter and my account was the amount available in the account. They left the $35.00 because there was a check that was owing at the time, so there was only the $3,628.84 available to be garnished.

Now I need to file Chapter 13, so I can pay all my debts off, and get out from under this mess!

What should be my first move?

The letter from the bank states the following; "IF required by state statute, we may have to attach future deposits if the amount attached is not sufficient to satisfy the amount of the legal order."

So what happens if I try to pay the amount the account is in the hole? The account is now $100.00 in the red. If I pay the amount in the red, can I close the account?

I plan to contact an attorney tomorrow to start the Chapter 13 proceedings,and send a letter to Calvalry to get my daughter's money back. Should I send this to the bank also?


I don't have a problem paying anyone, but I can't pay my entire check, nor allow them to have my employer information, and possible end up getting fired because of this issue. I know it is illegal for an employer to fired you because of a garnishment, but I also know they use some other reason to fire you if they wish to.

At present I am considered a valued employee and don't wish to change that.

Thank you for any help provided.