Ask Experts Questions for FREE Help !
Ask
    seemore's Avatar
    seemore Posts: 5, Reputation: 1
    New Member
     
    #1

    Jun 12, 2007, 08:56 PM
    Bank Garnishment
    Hi all. I have a major issue here, I guess everyone's issue here is pretty major. My bank account was garnished today for an amount of $15925. I had a judgement for a few student loans that are all confusing in April. I received the paperwork in after April 17th stating the judgement but only had 21 days from the date it was issued which was March 23 so my 21 days surpassed before I even received the documents. I will admit that it was my ignorance to still not to call but I have called before and all the company wanted to do was collect EVERY Penny and it took a lot of effort for me just to have them take what I could afford. The amount for the student loans is now at $21,524.47. Now the only reason we (wife and I) had over $15,000 in our account is because 1 I just got paid and two because my wife (only her name) got a loan for $15,000 to do some work on our house. The $15000 loan is completely under her name and my name is no where on that loan. Is there any way I can get her money back quickly? We are in Michigan and I would like to defend myself in the fact that I do not feel I was notified properly of this and that the debt collectors, just like most, are not easy to work with and are very intimidating. In 2005 I paid off about $10,000 in other debts and also brought my other student loans up to date just these Federal Loans are a pain and I can never get a clear answer. If someone could please advise on what I should do I would appreciate any assistance. SeeMore
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Jun 13, 2007, 03:52 AM
    She can file a third party claim against he garnishment, since her will have the loan docs, she can prove the source of the funds inthat account.
    seemore's Avatar
    seemore Posts: 5, Reputation: 1
    New Member
     
    #3

    Jun 13, 2007, 04:52 AM
    Thank you Mr. Yet. Does anyone know if a third party claim is an option for Michigan also how long does it take to get those funds back by doing a third party claim?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jun 13, 2007, 05:24 AM
    You have to go down to the court and file the claim. How long it will take depends on the court schedule, but I doubt if it will be immediate.
    seemore's Avatar
    seemore Posts: 5, Reputation: 1
    New Member
     
    #5

    Jun 13, 2007, 06:22 AM
    Quote Originally Posted by ScottGem
    You have to go down to the court and file the claim. How long it will take depends on the court schedule, but I doubt if it will be immediate.
    I just called the court house and they said that since that money was in the account that it is gone, but she advised that I contact an attorney and gave me a number for a free legal service. I called and left a voicemail for this free legal service but I am really concerened because now I have NO money to support my wife and 3 daughters. Any suggestions on how to expedite and try to get that money unfrozen?
    seemore's Avatar
    seemore Posts: 5, Reputation: 1
    New Member
     
    #6

    Jun 13, 2007, 04:06 PM
    I went to the courthouse to file a Motion to Set Aside Default Judgement as well as Dispute the Garnishment on the basis that I had never received the Writ. The clerk was very nice and helpful and told me that I definitely TELL the Judge that I never received the writ. I was told to do all of this by a free advisor lawyer that I was given his number by the courthouse this morning. In my motion to set aside default judgement, I basically explained that I was under the impression that I had been on a payment plan and that the plaintiffs attorney was the one that stopped it and not me. Secondly the amount on some documents that was sent for the first summons is different from the amount on the last document I received which is a "Default Request, Affidavit, Entry and Judgement document and the fact that I was never served or notified that of the garnishment. My next question is should I actually try to get a pro bono lawyer and is there any in Michigan for this type of court case? Do you think I have a good chance of winning? I do not want to try to get away paying anything, I do want to pay what I owe but I would need help with some type of payment plan. Any thoughts and suggestions would be appreciated.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #7

    Jun 13, 2007, 06:01 PM
    I think the person you first spoke to gave you bum advice. Generally, when a bank receives a garnishment order, they first put a freeze on the funds giving their depositor time to dispute the garnishment. So I doubt if the creditor has received anything yet. You stand a good chance of getting the Default judgement set aside, but that only means the creditor has to refile. But it does give you the chance to release the garnishment and get your fuinds back.

    I would go with the pro bono lawyer unless you feel they aren't helping you. But it seems you have gotten good advice from them.
    seemore's Avatar
    seemore Posts: 5, Reputation: 1
    New Member
     
    #8

    Jun 13, 2007, 06:28 PM
    Quote Originally Posted by ScottGem
    I think the person you first spoke to gave you bum advice. Generally, when a bank receives a garnishment order, they first put a freeze on the funds giving their depositor time to dispute the garnishment. So I doubt if the creditor has received anything yet. You stand a good chance of getting the Default judgement set aside, but that only means the creditor has to refile. But it does give you the chance to release the garnishment and get your fuinds back.

    I would go with the pro bono lawyer unless you feel they aren't helping you. But it seems you have gotten good advice from them.
    Thank you ScottGem! Again I do want to take care of my loan, just need help with it and hoping to have a payment plan. I fould a webiste with Michigan law that states I can request for Filing a Request for Installment Payments. I hope I can get this done. Thanks to everyone that has read this and given advice, it is really soothing to hear comments and to be best be prepared for my court date. I also don't want them to garnish any of my wadges, as I am not sure what this does to my already bad credit report and also embarrassing to know that my boss knows what's going on in my personal life. If I am disputing this whole judgement, does this put a hault on them trying to garnish my wages?
    Lil's Avatar
    Lil Posts: 16, Reputation: 1
    New Member
     
    #9

    Aug 7, 2007, 07:49 PM
    I fould a webiste with Michigan law that states I can request for Filing a Request for Installment Payments.

    Can you please give me that web site's URL? I'm in a similar situation.
    TIA,
    Lil
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #10

    Aug 8, 2007, 04:15 AM
    I found this site:
    http://www.eatoncounty.org/Prosecuto...arnishment.pdf

    But it has to do with collecting the money. I know of no state that will force a creditor to accept periodic payments.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Bank account garnishment [ 7 Answers ]

I have a garnishment against my personal bank account that has nothing to do with child support, alimony/maintenance or taxes. In reading I found that there are exemptions I can file on the money in this account. I live in Clay County, Missouri and the papers I received from the Sheriff's Office...

Bank garnishment [ 2 Answers ]

I had a judgement against me for a credit card debt I missed 2 payments and now they seized my bank account is that legal. They did't send me a notice that I missed 2.

Bank Garnishment [ 4 Answers ]

What funds are exempt from bank garnishment in Georgia?

Garnishment on our bank account [ 4 Answers ]

Two days ago I found out that a collection agency has gotten a court order fro a judgment against our checking account. Apparently this was for a debt my husband had. We are both on the checking account. My Apparently never received a letter, notice or anything else to notify us that there was a...


View more questions Search