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-   -   Defending against Bank Garnishment, Self Employed. (https://www.askmehelpdesk.com/showthread.php?t=400632)

  • Sep 28, 2009, 10:01 AM
    IdahoMom2
    Defending against Bank Garnishment, Self Employed.
    Hello,

    Our sole prop. Business account was just garnished due to medical bills. We are in Idaho and I have found some exemptions but can not determine if our funds are exempt.

    The account is used for some personal expenses, such as mortgage payments (which is what they took) and we run our business from our home. I wonder what exactly is considered "relief based on need"? My husband had major back surgery a year ago and could not go back to our business (too physical) and has not been able to find employment elsewhere as of yet. We currently receive state aid (food, medical for kids) due to our income being cut to almost 1/4 of what we were previously making. We are currently in the process of a home loan modification trial because we are 6 months past due and don't want to lose the home we've had for 8 years... it is crucial that the mortgage payment goes through otherwise we will lose our home and business.

    I am picking up a packet from the sheriffs office today regarding defending against this however I can't tell if I have a real exemption?

    Any advice would be greatly appreciated!! Thank you!
  • Sep 28, 2009, 09:33 PM
    DisabledinMD

    I put "idaho" and started writing garnishment into Google, which suggesteds this, "idaho garnishment laws". Loads of pages came up. This is something you will need to research yourself, as laws vary from state-to-state, and country-to-country. Nobody can really specifically answer your question, it will take some searching on Google or other search engine.

    Unfortunately, if a court won a judgement against you, and obtained a writ of garnishment. They can garnish your bank funds from the business account. You might be able to get it reduced, or suspended for a time, but you need to see if there are laws regarding that. You might qualify for help from Legal Aid, and you may need a legal professional to get you through this.

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