I've been having wages garnished for quite some time, but in addition, the company doing so is also dipping into my bank account and taking MORE money from there. Is this okay for them to do? It's making it quite difficult to make ends meet!

Sure its legal. They obtained a judgement against you and are entitled to go after any of your cash assets to repay the debt. Since garnishments are limited, then they can go after other assets as well.

They are probably putting a freeze on your accounts, until this is paid, however they can take this money as part of the payment. Talk with your bank and close those accounts. Put your money somewhere else until this is over, and be aware that they may have reported you to other banks as well. You may have to deal cash, and pay bills by money order.

Funds cannot be remove from a checking account without a signed order from the court. Just debting the account is not permitted.

If no valid order is present challenge the debting with the bank.

If they had a valid order Writ of Levy or Garnishment they would have frozen the entire account.

Quote:

---

Originally Posted by mr.yet

Funds cannot be remove from a checking account without a signed order from the court. Just debting the account is not permitted.

If no valid order is present challange the debting with the bank.

If they had a valid order Writ of Levy or Garnishment they would have frozen the entire account.

---

Right - I have never heard of a bank account being routinely debited to pay a debt without the account owner's consent.* I would think once the first debit occurred the account would be closed by the account owner and that would be the end of that!

Once a Writ is served on the Bank (and the Bank must notify you it has been served) you cannot withdraw funds from the account. The Bank will send what you have in the account up to the amount of the judgment and then if there is any excess you can withdraw the funds.

*I have seen debtors agreeing to periodic withdrawals to pay a debt in lieu of writing checks. Is this what happened?

Did they freeze the account and remove all funds as of a certain date? This is a "one shot" thing, not a regular debit.

Confused -

There has been 'freezes' on the account several times. And yes, there has been court orders to remove money. I just figured if they are doing that, why would they take from my so small paycheck in addition? We have stopped using the bank account, again, and are dealing in cash and money orders. It is difficult. We cash checks instead of deposit them.

Thanks for all your answers.

Quote:

---

Originally Posted by shortsht

There has been 'freezes' on the account several times. And yes, there has been court orders to remove money. I just figured if they are doing that, why would they take from my so small paycheck in addition? We have stopped using the bank account, again, and are dealing in cash and money orders. It is difficult. We cash checks instead of deposit them.

Thanks for all your answers.

---

They will take from any source they can because they want the debt paid back and legally they can use both means - taking from a bank account and garnisheeing wages.