[andy1987]

Told owner of house we'd be a month late on rent so he evicted us instead. Now he has garnished checking accts which included a state stimulus check. Is this legal in the state of Arkansas? I was told there is no garnishment on lease agreements being broken. Thanks for helping. Andy

[charlotte234s]

He can garnish you for money you owe, and the lease agreement was that you would pay on time, not when you "could", so he can garnish you for the money you owe and evict you, yes.

[George_1950]

"A writ of garnishment is a legal document that allows the creditor, under Arkansas law, to forcibly take from your employer up to twenty-five percent (25%) of your pre-tax wages. This means if, for example, you earn $1,000.00 gross per paycheck and normally take home about $800.00, then the creditor will take the first $250.00 of the paycheck leaving you with a gross check of $750.00 with taxes then being taken out as if you had been paid $1,000.00. This means that the garnishment will be more than 25% of your take home pay.

"In addition to the payroll or wage garnishment, the creditor can also garnish your checking account, savings account or other similar deposit account. Unlike the 25% limitation on payroll garnishment, there is no limit to the amount of funds they can take from your checking account during a bank account garnishment except that they cannot take more than they are owed. Most people are aware or have heard that Social Security benefits cannot be garnished. However, this is only partially true. Creditors cannot seize a Social Security benefit check, but once that check is deposited in a bank account and co-mingled with other funds, that creditors can seize all of those funds from the bank account." See: Weber and Phillips - Arkansas Bankruptcy - Garnishment in Arkansas