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    tbreland's Avatar
    tbreland Posts: 1, Reputation: 1
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    #1

    Apr 2, 2006, 02:15 PM
    Bank account garnishment law
    Can a creditor place a garnishment on my account and take or hold funds without notifying me first. This has recently happened to my bank account and now there are numerous over draft charges because of this hold and the transactions where prior to the hold is this legal.
    Thank You,
    Tbreland
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 2, 2006, 02:23 PM
    First you will have had numerous letters and calls that you owe the money.

    You would have been notified that there would be a court hearing for a judgement. There would have been an court hearing to get the attachment.

    If you have moved, they would have sent notification at the last addresson file. They would have supplied this info to the court. If you check with the court, you will see how they tried to serve you with the papers
    Energetic's Avatar
    Energetic Posts: 1, Reputation: 1
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    #3

    Apr 26, 2006, 05:58 AM
    While all this is well and good, how does one find out what court issued the levy, what the conditions of said levy, etc. First information we had that there was a debt was when our account was frozen. While we no longer live in the same address there is a complete paper trail of change of address forms to our new address. In addition We are listed in the NYC phone book with our full names and current address.
    When we discovered the account was frozen, (Ie as we passed our card to pay for dinner and it was rejected) we were given the name of a collection agency and a phone #. No where were we able to find any information on said collection agency, but a reverse phone # lookup led us to an attorneys office in downtown Manhattan. Again no listing or association with the purported "collection agency nor a DBA filed with any state agency.
    At this time we are being told there is nothing we can do and they will give us no further information than it involves a @VISA card, until they recieve a transcript from our bank at wich time they will contact us to make payment options and "possibly" remove the levy withing 14 buisness days....
    We are hijacked as we have never had a VISA account, can get no information from anyone including the banks, consumer affairs, levieing attorney. We have never even been contacted as to the validity of the debt nor have been given an opportunity to refute that we have ever had a visa card....
    I know it is not a question but , Sheesh,. Spent the entire day yesterday trying to get any information whatsoever but we are told until the bank responds to an "information Subpeona" that know information is available... What do we do next?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Apr 26, 2006, 04:43 PM
    The bank can supply you a copy of the court order. You will need to normally find out which department in the bank handles this and talk to them.
    You may have to make a written request or go to the bank in person.

    Also you may want to check your credit report, it should be showing up there also
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    #5

    Apr 3, 2008, 12:58 PM
    I Am Trying To Buy A House. Well I Have A Garnish On My Bank Account That I Was Unaware Of. What Can I Do To Continue My Purchase Of The Home
    wayntiff3's Avatar
    wayntiff3 Posts: 1, Reputation: 1
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    #6

    May 2, 2008, 03:31 AM
    Well I can't answer that question,due to the fact I have the same question too.
    johnnyboy69's Avatar
    johnnyboy69 Posts: 3, Reputation: 0
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    #7

    Oct 23, 2010, 12:03 PM
    In CA the answwer is yes. It makes sense that they do not notify you before levying the acount so that you don't take out all your money before they levy. I am asking the question of multiple levies because if this levy doesn't satify your meny jedgemnt tjhey will continue to levy other accounts. How do you avoid the fees from the levying officer? They are lat least $100.
    tyrone2's Avatar
    tyrone2 Posts: 1, Reputation: 1
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    #8

    Feb 22, 2011, 02:53 PM
    Well the bank levy my ex wife account while we split up a credit card company put a hold on the account. When I called they said the called my parents house and send a letter... I told them I don't live there so the went ahead with the case without me... so force my ex wife to be back up with and my kids with left with less food etc.. What to do.. please the just put a hold on the account feb 18, 2011
    tcascotty's Avatar
    tcascotty Posts: 1, Reputation: 1
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    #9

    May 26, 2012, 07:36 AM
    I have am account that I recently added my mother to just in case if anything happen to me.. She ended up getting a garnishment against her, but the put a hold on my account is there any way that I can have that removed.. She have nothing coming through my account

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