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-   -   Garnishment on bank account (https://www.askmehelpdesk.com/showthread.php?t=149952)

  • Nov 8, 2007, 01:58 PM
    pjlak
    Garnishment on bank account
    Does a business have the right to put a garnishment on your bank account that nearly wipes your balance out?

    Is there a limit or percentage that they are allowed to take?
  • Nov 8, 2007, 02:08 PM
    donf
    Pjlak,

    No one can put anything on your account without a court order.

    Do you have an attorney? If so, talk to him/her and find out what happened.

    Also, assuming that the debt is a just debt incurred by you, why weren't you meeting your obligation in repaying your debt.

    Regardless, you should have been served a subpoena with the date of the hearing. If you failed to appear, you made the case for the plaintiff.

    At the hearing the judge determines if the debt is true and owing and whether you have the warewithal to repay the debt. If not, the judge sets the rules.

    One question, has the judge issued a garnishment order to your bank or has he placed a court ordered lien on the account?

    I am not an attorney by any stretch of my imagination, so please seek legal advice.
  • Nov 8, 2007, 03:09 PM
    Justice Matters
    Donf is correct in stating that a garnishment is an eforcement remedy available to a creditor who has obtained judgment.

    The law may vary in your jurisdiction but generally speaking the only quantative restriction on garnishing a bank account is the amount of the garnishment itself. (eg. If you had $10,000 in your bank account and it was subject to a garnishment in the amount of $8,000 then you would have a balance remaining of $2,000.)

    With that being said, please note that in some jurisdictions certain monies are exempt from garnishment even if they are in a bank account (ie. Pensions, welfare etc).

    If you are in Ontario, Canada we have more information on this topic on our website:

    - Know Your Rights

    In addition, if the bank account is a joint account then only half of it may be subject to garnishment.

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