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slowandeasy · Jul 24, 2007, 10:28 AM

I don't know that much about judgements and garmishments so I don't know what amounts go uncollected. I know that that some are not collected because the statues of limitations have run out It does not mean you don't owe it it just means it can't be collected on

lynetteangelina · Jul 24, 2007, 11:11 AM

Fair enough.

If I check my bank account balance daily--online and through phone calls--will I be able to learn if my bank account has been frozen? This way, I can halt my check from going in via direct deposit.

I plan to withdraw each direct deposit as soon as it's been deposited--or as soon as I can possibly get to it.

This way, let them freeze 10 dollars. It's the only way I can think of protecting myself from being on the street.

slowandeasy · Jul 24, 2007, 11:58 AM

You will be able to find out through your on line account or by checking your acount by phone ,if it is frozen you will have a negative balance and then in a few days you will get a letter from the bank telling you what you already know... You can then have the bank provide you with a copy of the garnshment order so you will know who froze it and there should be a phone number so you can call oh by the way in your previous post you said you could not stop direct deposit and now you say so that you can"halt your check from going in direct depoist" please explain

mr.yet · Jul 24, 2007, 12:23 PM

Florida will have to file and transfer the judgment in SC for them to garnish any account your have. Florida does not have jurisdiction to tell the bank to attach anything in South Carolina.

The garnishment must be signed by a judge in SC, if not it is not valid.

lynetteangelina · Jul 24, 2007, 12:29 PM

You will be able to find out through your on line account or by checking your acount by phone ,if it is frozen you will have a negative balance and then in a few days you will get a letter from the bank telling you what you already know... You can then have the bank provide you with a copy of the garnshment order so you will know who froze it and there should be a phone number so you can call oh by the way in your previous post you said you could not stop direct deposit and now you say so that you can"halt your check from going in direct depoist" please explain

Okay... here is my understanding: I called the bank yesterday, was told that garnishment was highly "illegal" in South Carolina (according to this bank representative.) She said that should it happen, I would then be able to open another account immediately, without any trouble. At that point, I would report the bank account change to my job and give the proper information to them, and then they would have to put it into another account, because I would immediately stop any funds from being put into it. There is a form at the human resource office that states that direct deposit can be halted ONLY in the event of garnishment or seizure.

jacem730 · Jul 25, 2007, 12:46 PM

Are bank garnishments allowed in Georgia to satisfy credit card debt.

lynetteangelina · Jul 25, 2007, 12:52 PM

They are allowed in every state. Isn't it great? :mad:

mr.yet · Jul 25, 2007, 01:12 PM

I still say that the argument for vacating a garnishment on a bank account which contain funds from direct deposit of wages would work. SC doesn't permit wages garnishment, so garnishing a account from which a direct deposit, required by the employer would fall under that same statute in SC.

As long as that is the only funds in that account. Check will an attorney in SC

slowandeasy · Jul 25, 2007, 03:24 PM

I agree with Mr.yet although South Carolina can put a freeze on ones account after a judgement if those funds are from wages only then the person would have to prove that that those funds are from Direct Deposit only any thing else would be fair game. From what I can understand South Carolina has a number of ways a person can address this issue some of their laws are complicated and would proably need to be addressed by an attorney

lynetteangelina · Jul 26, 2007, 05:18 AM

Thank you everyone for all of your helpful answers and suggestions. I am trying to approach this situation in the best way possible. I never received a summons for EITHER court case. I have sent a few letters to the judge who had my case for the landlord issue, and it's on record. I have tried to make payment arrangements with both. I am not dodging anyone, but when I am told that my payment offers were not satisfactory and that the fullest extent will be taken to get any of my money, I am a little disturbed.

Literally, the only money in my account will be my direct deposit. I am sure, should it come to that, it will be easy enough to prove.

Thanks, Mr. Yet. I agree with you. The funds may be able to be frozen, but I don't see why a garnishment wouldn't be lifted or vacated once I prove that my money is ONLY from the direct deposit of my pay. The sad thing is, it might take a while to get the garnishment off the bank account. In the meantime, I will have to hope that my landlord and other bills will wait until it's sorted out.

Thanks again.

Oh, and like I said before, when I called two banks in SC, I was told that it was "highly illegal" for a creditor (judgement or not) to do that.

I am hoping for the best.

slowandeasy · Jul 26, 2007, 10:12 AM

Hi Lynetteangelina

I hope every thing will work out for you. Try calling an attorney in south Carolina and see if you can work something out so you will not have to worry about this. Life is stressful enough with out some low life creditor trying to hound you.

katbarne · Jun 20, 2008, 08:19 PM

Walmart will let you do a direct deposit for free without a checking account. THat ay you can receive your money without garnishment.

I am going through the same thing including the whole landlord issue.

I am now trying to fing out if he can garnish my wages in the state of GA because I do not need a checking or savings account to pay my bills. I just use my Walmart credit card.