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    mommie2twins's Avatar
    mommie2twins Posts: 1, Reputation: 1
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    #1

    Dec 29, 2006, 08:48 PM
    Bank garnishments
    Before I met my husband 6 years ago, he owed a company some money for a credit card. They went through a lawyer. We made a payment arrangement but was unable to pay them for a few months. Now the lawyers garnished our bank account and took every single penny we had. Is that legal? Now we have no money to pay our rent or buy food for our three children. It just doesn't seem legal that they can take every single penny out of our checking account. We never went to court over this. I thought they would take some sort of percentage out. What are my rights?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 29, 2006, 10:03 PM
    Hello, yes there was a court hearing and a judge issued a attachment of your bank account ( you may expect them to also get a garnishment of his wages if this money did not pay it all in full)

    The laws of service in various states in the US varies. If you review the records, and beleivev there was fraud in your service or did not meet your state requirements, you can file a motion to have the judgement set aside. But they can refile and get a new judgement.

    But NO, once they get a legal judgement, they can take all of the money , every penny out of the bank accounts.

    Also if you all have direct deposit, they will keep taking any money you deposit into that account. So stop any direct deposits.

    Now if they get a garnsihment of his pay, they will take about 25 percent of the check
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