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-   -   Garnishment of wages (https://www.askmehelpdesk.com/showthread.php?t=405144)

  • Oct 12, 2009, 08:46 AM
    tany072075
    Garnishment of wages
    Is it legal to garnish my entire income from my checking account?
  • Oct 12, 2009, 08:52 AM
    JudyKayTee

    Garnishing your wages is one thing; seizing your bank account is another.

    Yes, it is legal in some States to take your entire bank account (if that is your question). In general monies from Social Security cannot be seized under most circumtances. Otherwise, the bank account is fair game.
  • Oct 12, 2009, 09:30 AM
    tany072075
    Even when my my only income is from unemployment and the entire amount is deposited directly into my checking account?
  • Oct 12, 2009, 10:04 AM
    JudyKayTee
    Quote:
    Originally Posted by tany072075 View Post
    even when my my only income is from unemployment and the entire amount is deposited directly into my checking account?

    Yes. The exception is SS income which can be "tapped" for student loans and child support.

    This varies somewhat by State. Where are you?
  • Oct 12, 2009, 10:22 AM
    tany072075
    Quote:
    Originally Posted by JudyKayTee View Post
    Yes. The exception is SS income which can be "tapped" for student loans and child support.

    This varies somewhat by State. Where are you?
    I'm in Iowa
  • Oct 12, 2009, 10:43 AM
    JudyKayTee

    Yes, your bank account can be seized in Iowa - IA Collecting the Judgment - Lawyers.com - if a Judgment is in place.

    No exceptions other than SS which I mentioned.
  • Oct 12, 2009, 10:48 AM
    tany072075
    Quote:
    Originally Posted by JudyKayTee View Post
    Yes, your bank account can be seized in Iowa - IA Collecting the Judgment - Lawyers.com - if a Judgment is in place.

    No exceptions other than SS which I mentioned.
    Ok. Well thank you very much. Not exactly what I was hoping for, but thank you so much for answering my questions.
  • Oct 12, 2009, 10:55 AM
    JudyKayTee
    Quote:
    Originally Posted by tany072075 View Post
    Ok. Well thank you very much. Not exactly what i was hoping for, but thank you so much for answering my questions.

    No problem - sounds like a very bad time (to put it lightly!) for this to happen to you but, unfortunately, that is the law.

    You don't need me to stroke your ego but you would be AMAZED by the people post a question and then attack the person who answers if they don't like the answer. You asked good questions and took the advice well. I appreciate that.
  • Oct 12, 2009, 10:59 AM
    tany072075
    Quote:
    Originally Posted by JudyKayTee View Post
    No problem - sounds like a very bad time (to put it lightly!) for this to happen to you but, unfortunately, that is the law.

    You don't need me to stroke your ego but you would be AMAZED by the people post a question and then attack the person who answers if they don't like the answer. You asked good questions and took the advice well. I appreciate that.
    Yes. I've been reading some of the questions on here and how people answer them. I see what you mean. I just registered today to try to find some answers. Maybe someone should create another website called "argue with me help desk" ha ha.
  • Oct 12, 2009, 12:16 PM
    JudyKayTee

    Girlfriend, I like your style!

    Here's a thought and it's just a thought - NJ is listed as a not so friendly to the debtor State. If I were you (and I can only find this provision when taxes and foreclosure are involved) I would write a "hardship letter" to the creditor. Explain your circumstances (you are looking for work, you have a career, you have a game plan, this is a rough time). They have stripped your bank account and so you are having difficulty paying your utilities, whatever else is involved.

    I wouldn't be defensive and I would apologize all over the place for NOT taking care of this with payments - you were scared, you didn't know what to do and so you ignored their Judgment.

    Then ask if you could make arrangements - would they return your money if you PROMISE to make payments?

    I don't know if it would work but I'd sure as heck give it a shot.

    All you'll lose is a little bit of time - and send it registered mail to both the creditor and the creditor's Attorney.
  • Oct 12, 2009, 02:50 PM
    tany072075
    Quote:
    Originally Posted by JudyKayTee View Post
    Girlfriend, I like your style!

    Here's a thought and it's just a thought - NJ is listed as a not so friendly to the debtor State. If I were you (and I can only find this provision when taxes and foreclosure are involved) I would write a "hardship letter" to the creditor. Explain your circumstances (you are looking for work, you have a career, you have a game plan, this is a rough time). They have stripped your bank account and so you are having difficulty paying your utilities, whatever else is involved.

    I wouldn't be defensive and I would apologize all over the place for NOT taking care of this with payments - you were scared, you didn't know what to do and so you ignored their Judgment.

    Then ask if you could make arrangements - would they return your money if you PROMISE to make payments?

    I don't know if it would work but I'd sure as heck give it a shot.

    All you'll lose is a little bit of time - and send it registered mail to both the the creditor and the creditor's Attorney.
    I really appreciate your concern for my situation. I assure you, I have tried everything possible to work around this. I had a payment plan through the county clerk of court the first time I defaulted on this debt. I paid every single month, never late on even one payment for probably about 2 years. In July, my June payment was sent back to me with a paper saying they were no longer accepting payments through the clerk of court and gave me the address of the collection agency to continue making payments to. Unfortunately, that was also the time that my severance package from my previous job ran out. Unemployment is not much to live on. So its only been since July that I haven't made payments. I heard not a single word from the collection agency until last Thursday when the sheriff was at my door serving me garnishment papers. I talked to the sheriff's office, the clerk of court, the bank and two people at the collection agency. Nobody can help. The only thing I have figured out to do is to have my unemployment checks mailed to me so it doesn't go directly into my account. They told me at this time, the garnishment is only from my bank account. So I figured I'd make sure there's a little in there at all times but I don't know how much it would take to satisfy them. I'm sure they will find other ways to get it eventually.
  • Oct 12, 2009, 03:40 PM
    JudyKayTee

    I still think instead of trying to talk to someone who may not have the ability to do anything (and this is out of the Court's hands) I'd make an attempt in writing. And, yes, take away the direct deposit.

    But, of course, it's your decision.
  • Oct 12, 2009, 03:44 PM
    tany072075
    Quote:
    Originally Posted by JudyKayTee View Post
    I still think instead of trying to talk to someone who may not have the ability to do anything (and this is out of the Court's hands) I'd make an attempt in writing. And, yes, take away the direct deposit.

    But, of course, it's your decision.
    Never hurts to try. I will do that.
  • Oct 12, 2009, 03:50 PM
    JudyKayTee
    Quote:
    Originally Posted by tany072075 View Post
    Never hurts to try. I will do that.

    Let us know how it works out.
  • Oct 12, 2009, 04:08 PM
    tany072075
    Quote:
    Originally Posted by JudyKayTee View Post
    Let us know how it works out.
    Will do

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