View Full Version : Bank Acct. Garnishment, can they go in again ?
Chalkwriter1
Jan 14, 2009, 04:03 PM
We have a judgement against us from a Credit Card Company isssued July 2007. The amount of the judgement was $10,500, plus cost and 8% interest until debt was paid. Long story but we used the card to pay for medical cost not covered by insurance for our son who had two surgeries. Today, I received a letter from the same court that issued the judgement that our bank account was going to be garnished. When I checked the bank balance online, they had already taken $8,000. So, no warning. My question is, can the Creditor come back into the account to collect the remaining balance owed, roughly $3 to 4thousand? Or is it a one time garnishment? This has completely wiped us out and I now have to notify those that I have written checks to that they are going to bounce.
Thank you to anyone who can answer this for me.
ScottGem
Jan 14, 2009, 04:06 PM
Yes they can come after you again. Depending on your location, any monies deposited may be automatically garnished. In some places they will have to file a new writ of execution, but they can do so until the debt is paid.
Fr_Chuck
Jan 14, 2009, 04:30 PM
Depending on the wording to the garnishment and now much it was for.
I don't understand why it was not frozen for the entire amount.
Chalkwriter1
Jan 14, 2009, 04:41 PM
The judgment was for " the amount of $10, 657.88, with statutory interest at the rate of 8% from the date of judgement, cost of this action "
We had $8,400.00 in our account when they went into it and they took $8000 of that. The order says it can take money in in excess of four hundred dollars from the account.
Which means, they had to leave the 400 in there.
I live in the state of Ohio, so maybe that is the law here??
Fr_Chuck
Jan 14, 2009, 04:43 PM
Yep, anytime the money in there goes over 400 they will take the money most likely, but they can come back when they want
Fr_Chuck
Jan 14, 2009, 04:44 PM
OK, I got to ask, if you had 8000 in the bank why did you not settle with them, on a 10,000 medical debt, you can almost always settle for 5000 to 6000 in a settlement
Chalkwriter1
Jan 15, 2009, 05:25 AM
Thank you for your replies. My husband is self employed and our bank account typically does not have a balance that high. The reason that money was in there is because a long time client finally paid his bill that he had owed to us accumulating for a year. The check literally just went in and cleared. At the time of the judgement, we tried to make payments. They wanted a lump sum of $7,500 and we simply did not have it. They put a lien on our home and still would not accept payments from us. I am behind on all of our bills except for the mortgage and utilities. I was planning to pay on all of debts with the money from our client, buying groceries for my kids, etc...
I appreciate everyone's help.