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    ithica1953's Avatar
    ithica1953 Posts: 4, Reputation: 1
    New Member
     
    #1

    Sep 11, 2007, 07:48 AM
    They Garnished All My Money
    Greetings Everyone,
    I have been going wild on the net trying to find answers. Hopefully someone can explain how a bank garnishment in Florida can take all of my wages that were directly deposited into my account. The 25% rule applies, I assume, to wage garnishment. But because the funds were in my checking account, does that make a difference? I had a hearing yesterday for Claim of Exemption for Personal property exemption of $1000.00, just trying to stop the action and get to state my case in front of the judge, but I did not get much satisfaction. However the judge did give me 7 days to state cases re: Fair Credit Act/25% etc. I just think that taking everything is wrong compared to limits on wage garnishment. Thank You, Malcolm
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Sep 11, 2007, 07:52 AM
    No the 25% rule applies to the amount that can be deducted from your paycheck. Once the funds are deposited in a bank account they are fair game. The bank nor the creditor knows the source of those funds. If the value of the account is less then the debt owed, then they can take the whole account.
    ithica1953's Avatar
    ithica1953 Posts: 4, Reputation: 1
    New Member
     
    #3

    Sep 11, 2007, 12:55 PM
    Scott,
    Thanks for the pain. Ha! This creditor tried to garnish my wages, but my company never answered the writ. My past is catching up with me... thanks again

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