My bank account has just been garnished. Was never notified of the case/never served with the court papers. I filed a court appealed to the court and have also tried to talk to creditor but they have refused to work to me. My question is what's the max that they can garnish on an account at a time considering that I get direct deposit and they basically took all the money in my account leaving me with zero balance and checks bouncing back and forth.

They can take everything in the account up to the dollar value of the Judgment.

If you know nothing about this you should go to the Courthouse, review the file and Affidavit of Service and move to set the Judgment aside. Of course, if it's your debt you will "simply" be served at the next Hearing but it will give you some time.

What EXACTLY did you file with the court? You will NOT be notified of an attachment of assets prior to its execution. But before a writ of execution can be gotten there has to be a judgement.

So if you were not aware of the judgement, you can move to vacate on the grounds of improper service. If the judgement is vacated you can have the funds restored to your account.

But this is just a delaying tactic. If the debt is valid, then they will just serve you before you walk out of the courthouse and get a new judgement.

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Originally Posted by ScottGem

What EXACTLY did you file with the court? You will NOT be notified of an attachment of assets prior to its execution. But before a writ of execution can be gotten there has to be a judgement.

So if you were not aware of the judgement, you can move to vacate on the grounds of improper service. If the judgement is vacated you can have the funds restored to your account.

But this is just a delaying tactic. If the debt is valid, then they will just serve you before you walk out of the courthouse and get a new judgement.

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I filed motion to vacate and set judgement aside. I just want them to accept a reasonable payment plan or garnish my paycheck not my account. At least they can get just 25% of my wage instead of the 100% of my wage they got from my account.

If the Judgment is valid the creditor can use any method he wishes to satisfy the Judgment. You cannot dictate whether he takes a percentage of your wages or cleans out your bank account - if it is legal in your State.

If the money in the account is traceable to wages, and depending on your state, it can be exempt from garnishment, at least to a certain amount per week.

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Originally Posted by AK lawyer

If the money in the account is traceable to wages, and depending on your state, it can be exempt from garnishment, at least to a certain amount per week.

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Can you give us a cite on that? As far as I know any funds deposited in a bank account are attachable. Only funds from exempt sources like SS can be spared.

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Originally Posted by ScottGem

Can you give us a cite on that?.

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Depends on the exemption laws for each state. I don't see that the OP has specified the state.

They may garnish ( attach) all of the money in the accont and then take any and all additional money you put in. I will assume you stopped any direct deposit the minute this happened.

They will keep taking any money you put in the account.

There is no notification of the attachmemt of the money from your bank account, you should have been served notice of course of the original judgement but they may have been years earlier.

If you were not properly served you may get it set aside,
But the time to set up a payment plan was years before they went to court. Back before they got the judgement