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-   -   I don't understand my bank account garnishment, how long will it last? (https://www.askmehelpdesk.com/showthread.php?t=209912)

  • Apr 26, 2008, 08:42 PM
    hopemelissa
    I don't understand my bank account garnishment, how long will it last?
    I have a debt from 1999 that has just turned into a bank account garnishment. I think the original debt was around $6000. Can they keep clearing my account until the whole 6k has been recovered? This is insanity - I am a single mom and they are taking all my money. Isn't there a law that allows me to feed my kids and keep the roof over my head? The original debt occurred in RI and I live in VA. I can't get to a RI court to file any motions to ask them to stop. I don't know what to do. Thanks for any advice.
  • Apr 26, 2008, 09:16 PM
    George_1950
    You can file Chapter 7 bankruptcy immediately. Or, change your bank immediately. Do you know how the creditor located your account?
  • Apr 26, 2008, 09:21 PM
    hopemelissa
    I can only assume with my SSN. Is there another alternative to bankruptcy? I am going through a divorce and will be looking to buy a new house on my own in the next year. This debt is over 9 years old, what can I do since I'm no longer living in the state in which the judgement was rendered?
  • Apr 26, 2008, 09:30 PM
    George_1950
    I don't know how knowledge of your social security number revealed the location of your bank account, unless you have a debt to your bank that shows up on your credit report.
    You can research the original case; find out what court it comes from; contact the clerk of that court and ask for a copy of everything, from summons, return of service, complaint, including the judgment. You may have to get a local attorney to review your file and see if there is a technical defense. In the meantime, close your current account and go to another bank. Try to figure out how much money you can get together and offer the creditor a cash settlement for around 1/2 of what you owe.
  • Apr 26, 2008, 09:41 PM
    hopemelissa
    I have a credit card with BoA. How do I contact a clerk of courts in another state? I appreciate the time you have taken with your responses, but it seems like all this is going to take a very, very long time considering the speed at which our legal system moves. How long can this law firm keep taking money out of my account? I cannot close this accout due to its "legal action" status. That was my first response. I do have an account with a local credit union. Should I transfer my direct deposit to this account? If I do this, can I wait for the SOL to expire on the RI account, or do they forever have access to my BoA account? Thanks for your answers, I'm a true wreck right now and any hope helps.
  • Apr 27, 2008, 06:19 AM
    George_1950
    Quote:

    Originally Posted by hopemelissa
    I have a credit card with BoA. How do I contact a clerk of courts in another state? I appreciate the time you have taken with your responses, but it seems like all this is going to take a very, very long time considering the speed at which our legal system moves. How long can this law firm keep taking money out of my account? I cannot close this accout due to its "legal action" status. That was my first response. I do have an account with a local credit union. Should I transfer my direct deposit to this account? If I do this, can I wait for the SOL to expire on the RI account, or do they forever have access to my BoA account? Thanks for your answers, I'm a true wreck right now and any hope helps.

    A Google search should yield the name, location, and phone number of the county court house. How you get your information can depend on the size of area where it is located. You need to speak with the clerk of the court who handles civil cases. Some of this information could be on the garnishment you received. Your bank may send you a copy of the garnishment, which should reference the judgment in the civil case. Once you locate the court, call the clerk of court and ask them for a copy of everything. My guess is that the garnishment will continue until the debt is paid in full; so if you can't close the account, put your funds somewhere else, like the credit union. Neither you nor an attorney can go very far without a copy of the case that went to judgment.
  • Apr 27, 2008, 07:07 AM
    Fr_Chuck
    Ok, very simple, they have a garnishment, and yes it can be served in any state you live in, so it is valid. And the other really silly question is, after they took money the first time, why in heavens name did you put more money in that account, Yes of course they will keep taking money out.

    Also don't worry about the bankrutpcy, the judgement and garnishment on your credit report will have ruined your credit anyway.
  • Apr 27, 2008, 08:16 AM
    hopemelissa
    It was only Friday that any funds were withdrawn from my account. I have a direct deposit from my employer scheduled every two weeks, I plan on transferring my direct deposit to another account with another bank. I guess my question was how long will my account be garnished. I am (or was) in good standing with this bank. I was hoping to use BoA to get a new mortgage. This debt is almost 10 years old, and the judgement was rendered years ago. This garnishment came out of the blue. I know its not effecting my credit terribly, because my ex and I just qualified for a mortgage less than six months ago. I have a feeling the Statute of Limitations was going to expire (from what I gather in RI its 10 yeas for an open account), and this law firm wanted to get its money before that happened. Because they took all my money, I have no money for an attorney. Will I never be able to use my BoA account again? My whole family banks there and when needed we are able to transfer funds. I like this one-stop-banking set-up that I had, is it gone forever, or until the SOL on this debt runs out? Also, has the SOL started over now that this law firm got some money?
  • Apr 27, 2008, 08:25 AM
    Fr_Chuck
    Good and bad, the SOL does not apply now that they have a judgement, the time limit on the judgement will be @ 10 years from the date the judgement was issued and they can renew it again, so you can expect a judgement to be there for 20 years or so.

    And the new bank will only be safe for most likely a few months, once you open a new account they do a credit check and that appears on your credit report, so when that well drys up for money they will look for where you have moved your money.

    You may find this helpful

    http://www.lsnv.org/Garnishment_Exem...s_Accounts.pdf

    Now to make it sound even worst, you can expect them to come after a garnishment of your paycheck

    DOLI - What We Do
  • Apr 27, 2008, 12:11 PM
    hopemelissa
    Thanks for all your help. I think I now understand where I need to start to solve this problem. Contact the creditor and try to establish a settlement. I thought this had been charged off years ago. Thanks again for all your answers.
  • May 6, 2011, 11:17 AM
    cardenmf
    For situations like this it is a lot easier to have a lawyer help you out. Check out
    Www.vertexhorizons.com
    Www.TodaysPrePaidLegal.com

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