View Full Version : I have a judgement against me, when they garnishment your account hom many times
spunkyless
Jan 2, 2010, 10:43 AM
How do the creditor garnish your bank account. We only have our wages deposited into our account. We live in tx, what is the law for bank seizure, and how often can they remove funds.
ScottGem
Jan 2, 2010, 10:52 AM
They need to get a writ of execution and serve it on the bank. They may need to serve the writ again after each deposit, but they can do so until the debt is paid.
AK lawyer
Jan 2, 2010, 01:43 PM
... We only have our wages deposited into our account.. .
This may be applicable:
Sec. 63.004. CURRENT WAGES EXEMPT. Except as otherwise provided by state or federal law, current wages for personal service are not subject to garnishment. The garnishee shall be discharged from the garnishment as to any debt to the defendant for current wages.
Texas Constitution and Statutes - Home (http://www.statutes.legis.state.tx.us/)
ScottGem
Jan 2, 2010, 01:49 PM
Sorry, I disagree that the statute cited would be applicable. That statute prevents a writ of garnishment being served on an employer to attach wages. It does not apply to a writ of execution attaching a bank account.
Even though the deposits are from wages, that would not matter here.
AK lawyer
Jan 2, 2010, 02:23 PM
That's why I say "possibly". I think it's worth a shot in this case, where the account contains nothing but wages.
In any event, in many places wages are exempt even when deposited in the bank, provided the debtor can prove that the funds are wages. Normally along with the notice of levy you are served with papers describing your right to claim your exemption.