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    barbiedolln's Avatar
    barbiedolln Posts: 1, Reputation: 1
    New Member

    Aug 4, 2006, 12:11 PM
    Georgia Garnishment
    I just found out that there is a garnishment on my bank account in Georgia resulting in a zero balance :( Do you think they can take my car This debt is not related to my car which is paid for. Also do you think there is anyway I can get this garnishment off my account? I am trying to pay this debt next month, but I am asking them to reduce the amount. They sued for 3 times what was owed and were granted that. Just by word of mouth. They did not even have any document with my signature on it. The lawyer was not even sure what the actual amount owed was.
    Anyway, do you think if I opened a new bank account they will automatically be notified ? Thank you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Aug 4, 2006, 01:00 PM
    So you are saying a judge granted a garnishment on your account without any proof that you incurred the debt? Sorry, but I can't buy that. Did you actually show up in court? Are you claiming this debt was not incurred by you?

    If you open a new account, I don't know if they will be automatically notified, but the account will be come public record and they will proably be able to catch it shortly after. If the debt wasn't satisified by seizing the other account they can seize the new one too, without having to go back to court since they already have a judgement against you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Aug 4, 2006, 03:00 PM
    Welcome to Georgia Scott,

    What happens is this man most likely owned an individule or company on a personal loan or a private purchase, they sued and as done often in small claims court they listen to both parties, without any written evidence and decide who is the most beleivable and rule for one or the other. Happens every day.

    So after they got a judgement then it was no problem to get an "attachment" of the bank account, most likely freezing it. If their attorney is any good, he would keep checking the records to see if you open a new account, so I would not or they most likely will get that money also.

    And no they should not be able to get the car, certain personal property is exempt from seizure in GA over non secured debts.

    If you are working, I would not be surpised if you don't see a garnishment of your wages very shortly also.
    singlemomof2's Avatar
    singlemomof2 Posts: 7, Reputation: 1
    New Member

    Apr 18, 2007, 10:04 AM

    I have just been served with a summons for a debt my ex incurred on a car he turned back in and I was co signer.. I was told by a lawyer to watch for a garnishment on my account for $11,000! Georgia laws state there are 2 types of garnishments, one is a levy which is a one time withdraw of all money in your account to cover the debt you owe, no matter the amount in your accout, they cannot attempt to withdraw again. The second is a full garnishment where they garnish all money deposited into your account until the account is satisfied! Our lawyer also stated they could place a lien against any property, car, judgements, tax returns etc.. With your name on it, no matter who's it its.. if your name is attatched, they have rights to it! I contacted our car loan company and fortunatley for us, they don't allow 2nd liens against their loans... good news for us because I found out they were already trying this route!

    In a nut shell, if you own your home or any property, they can place a lien against it, same with a car (paid or not), checking acct (.. and yes, even if you open a new one)

    *the only money or debit type card they cannont place a hold on is a child support*

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