Ask Experts Questions for FREE Help !
Ask
    Lawton_Dri's Avatar
    Lawton_Dri Posts: 2, Reputation: 2
    New Member
    		  
    #1

    Jun 21, 2008, 05:54 AM
    (Bank Account) Texas Garnishment
    All,

    I lost a judgement 4 weeks in the amount of 3760. The law firm obviously filed a writ of garnishment which allowed them to attach my checking account of which I had 7000.00 located there. The law filed the writ in the amount of 11,280 which totally wiped the account out. My question follows:

    1. Why did Bank of America put 11,280.00 on hold when the amount of the judgement was for 3760.00.

    2. Is this the fault of the law firm or the bank

    Regards,

    Jeff
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Jun 21, 2008, 06:42 AM
    Hello Lawton:

    If the writ was for $11k, then the bank had no choice. It's the fault of the lawyer or the court. Pick one.

    excon
    Lawton_Dri's Avatar
    Lawton_Dri Posts: 2, Reputation: 2
    New Member
    		  
    #3

    Jun 21, 2008, 08:07 AM
    Thanks,

    excon, this seems to be an unfair tactic to collect the judgement as opposed to a mistake.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
    Ultra Member
    		  
    #4

    Jun 21, 2008, 08:37 AM
    It is common, and legal for the holder of the judgment to freeze your account for more than the judgment amount.

    Normally, they don't exceed double the judgment amount, but I don't know of any legal limit in place.

    Here is a link, with some basic information regarding frozen accounts, the laws will vary by location, but this will give you an idea of what to look for in your specific area.

    NEDAP - Defending Creditor Lawsuits
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!

Levy on bank account in Texas [ 18 Answers ]

One of my creditors called and informed me that they were going to sue me for the debt I have of 3,700. I don't work and they have informed me that is they sue and they get a default judgement on me that they can put a levy on my bank account of which my husbands income is directly deposited. I...

Wage garnishment or bank account garnishment? [ 3 Answers ]

Hello. Where do I start? I was looking up my name in my local county court records because I'm paying off a debt of 800 plus interest that I do NOT owe. I saw that a judgement was entered for 10x that amount for a voluntary repo on a lease vehicle back in August of 2002. Luckily, I was in the...

Bank account garnishment [ 15 Answers ]

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...

Texas Bank Account Seizure [ 2 Answers ]

I was threatened with a suit 18 months ago. I filed a letter of response with the court and never heard another word from them. I did receive a letter from an attorney for the plaintiff that said they were planning to obtain a judgment, but I did not receive any further documentation saying it'd...

Bank Account Garnishment [ 13 Answers ]

I was notified that a garnishment on my bank account was put in place due to a judgement against me. Will the bank continue to freeze money direct deposited into the account if the deposit is more than the total amount of the garnishment, or does the bank only freeze up to the amount of the...

View more questions Search