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    caught in a mudslide's Avatar
    caught in a mudslide Posts: 4, Reputation: 1
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    #1

    Jun 27, 2007, 12:59 PM
    Bank account garnishment
    CAN ANYONE HELP ME?
    I need info on bank account garnishment laws... FAST! All of my accounts were cleaned out and even overdrafted yesterday, worst of all my husband and I had just deposited everything and mailed out checks to pay bills. We did not even know there was to be a garnishment. Is that legal? The collection company took everything in all of our accounts leaving one of them at 0, one at -$58, and one At $-166. The checks that we had written for bills are starting to clear now making the overdraft larger by the minute not to mention the bank fees for being negative. We will not make our mortgage, or car payment we can not buy food for our kids, gasoline to get to work or childcare, and our phones have been shut off because the check didn't clear. HOW IS THIS LEGAL? Are they really aloud to take everything and put you into a worse situation than before just to collect on a bill? Isn't there a law stating a maximum percentage allowed to be taken? How are people supposed to live... honestly I don't even have the option of filing a backrupcy at this point because I have no money, not one dollar!

    Please help me find a law that might help me, by the time this is done with I will have lost $3000 to bank fees, my car, possibly my job, and all of my bills will be well past due. All because of a $1000 hospital bill.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Jun 27, 2007, 01:10 PM
    What state do you live??

    If they garnished your account the bank must have a copy of the court order. Get it and File Motion to Quash with that court, The bank most wait normally 30 days before they can release the funds. But you must do it now.
    alkalineangel's Avatar
    alkalineangel Posts: 2,391, Reputation: 323
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    #3

    Jun 27, 2007, 01:10 PM
    Are you sure there isn't more to this story? I can't see all of this for a $1000 hospital bill. Back when we were in debt, we were worse off than you (at least 3000 in debt to hospitals/doctors) and never once were we ever even threatened with garnishment... and we had that debt for almost 2 years... I may be wrong, but it sounds strange to me.
    caught in a mudslide's Avatar
    caught in a mudslide Posts: 4, Reputation: 1
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    #4

    Jun 27, 2007, 01:33 PM
    Thanks for your quick response and yes there is always a story! I am 30,000 in debt for a number of reasons, including my husband being unemployed for the first 2 years of our marriage, living on CC's and school. I am (or was, the money to pay the lawyers payment was in that acct) in the process of filing a bankruptcy. I don't understand the aggressiveness of the hospital in collecting their money though. I owe far more money to student loans & CC companies but they have never threatened me with a judgement. This process went so fast I hardly knew what happened. It went from one statement to one collection letter to court papers, I had signed a payment agreement stating that I could pay $25per month and they called to say that the required minimum was to be $106 , I told the billing lady I couln't do more than the $25. Like I said I was in the process of filing bankruptcy because I knew that I could not catch up at this point. Can they really take everything and leave you worse off? They had a judgement in the amt of 2968.07 and did not get that full amount from my accts, does that mean that they can do this again- all of our money is direct deposited.
    alkalineangel's Avatar
    alkalineangel Posts: 2,391, Reputation: 323
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    #5

    Jun 27, 2007, 01:38 PM
    Thanks for the disagree...

    I wasn't trying to be rude, I was trying to get all the facts. It makes a difference on how I would answer your question.. You can't expect people to know how to fix your problems unless you are honest. I would say it was wrong for your wages to be garnished for such a minimal amount, so I was trying to see if there were other debts so I could better help you. If you want help, you are going to have to be a little less demanding and a little more willing to give details.
    alkalineangel's Avatar
    alkalineangel Posts: 2,391, Reputation: 323
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    #6

    Jun 27, 2007, 01:43 PM
    This should be of help...

    Bank account funds can be seized by judgment!
    alkalineangel's Avatar
    alkalineangel Posts: 2,391, Reputation: 323
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    #7

    Jun 27, 2007, 01:47 PM
    Bank Account Seizures

    This will also help... there are laws in place, but they vary from state to state. To be honest though, if you did not pay on any of these debts, even $5, they had the right to go in there...
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #8

    Jun 27, 2007, 01:47 PM
    If they went after it that aggressively, they most likely could tell by your credit report that you were posturing for bankruptcy and wanted to get theirs before you could claim them in the bankruptcy suit.
    caught in a mudslide's Avatar
    caught in a mudslide Posts: 4, Reputation: 1
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    #9

    Jun 27, 2007, 01:48 PM
    Sorry Iam a little on edge, not usually so quick to judge/offend. Please accept my apology and my response with more detail.
    alkalineangel's Avatar
    alkalineangel Posts: 2,391, Reputation: 323
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    #10

    Jun 27, 2007, 01:50 PM
    I understand, believe me, I know its hard when you are so deep in debt you feel like you can't breathe, and Murphey just won't stop knocking. I hope my links can help.
    caught in a mudslide's Avatar
    caught in a mudslide Posts: 4, Reputation: 1
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    #11

    Jun 27, 2007, 06:23 PM
    Thank you all for your answers and help.
    So I just found out that my husband asked for his check not to be deposited and instead cashed a check and put half into one of the accts to bring it out of the negative. Is that money going to be taken as well? Can the collection agency take action against us for not depositing into that acct? This is his personal acct and doesn't even have my name on it how is it that they had a claim to his money?
    angmarie33's Avatar
    angmarie33 Posts: 9, Reputation: 1
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    #12

    Aug 5, 2007, 01:46 PM
    Quote Originally Posted by caught in a mudslide
    CAN ANYONE HELP ME?
    I need info on bank account garnishment laws.....FAST! All of my accounts were cleaned out and even overdrafted yesterday, worst of all my husband and I had just deposited everything and mailed out checks to pay bills. We did not even know there was to be a garnishment. Is that legal? The collection company took everything in all of our accounts leaving one of them at 0, one at -$58, and one At $-166. The checks that we had written for bills are starting to clear now making the overdraft larger by the minute not to mention the bank fees for being negative. We will not make our mortgage, or car payment we can not buy food for our kids, gasoline to get to work or childcare, and our phones have been shut off because the check didn't clear. HOW IS THIS LEGAL? Are they really aloud to take everything and put you into a worse situation than before just to collect on a bill? Isn't there a law stating a maximum percentage allowed to be taken? How are people supposed to live......honestly I don't even have the option of filing a backrupcy at this point because I have no money, not one dollar!

    Please help me find a law that might help me, by the time this is done with I will have lost $3000 to bank fees, my car, possibly my job, and all of my bills will be well past due. All because of a $1000 hospital bill.
    I know how you feel the samething happen to me last week. Luckly Igot to the bank in time to get my ex- husband next direct deposit. What's so bad is that they took all of his money not mine. They came after me an got him instead .Iread the back of a pink paper that I got in the mail. It said that you have 14 day to request a garnisment hearing in front of the judge.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #13

    Aug 5, 2007, 03:15 PM
    What type of judgement was issued against you? What were the terms of repayment? Did the creditor obtain a writ of garnishment to accompany the judgement, thereby allowing them to attach your bank accounts? Your bank should be able to verify that a writ of garnishment exists. Unfortunately, this is legal if and when a judgment is entered against you. Whether it should be or not is a different question, but it is.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #14

    Aug 5, 2007, 03:21 PM
    Is the judgement against you strictly? If so, then any account that's ONLY in your husband's name should not be subject to garnishment. Take this up with your bank as well. Insist to see whatever documentation allowed them to freeze your account on behalf of the creditor/hospital in question.
    angmarie33's Avatar
    angmarie33 Posts: 9, Reputation: 1
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    #15

    Aug 5, 2007, 03:48 PM
    The account is in both of our names I was only suppose to be a check writer on his account He is my ex- husband he works out of town 30 days at a time . This was set up this way so I could get child support out for our 2 kids . Now the bank says joint account. It is only his income that goes in to that account. Yes the judgement is for me only
    val711's Avatar
    val711 Posts: 1, Reputation: 1
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    #16

    Jun 15, 2009, 12:14 PM

    Can a hospital legally drain your savings account to cover what medicare does not?

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