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Dsmith3365 · May 16, 2009, 02:34 PM

My bank account was garnished without any notification to me of intent, of amount owed, etc. I've called the Law Office but the person handling my account won't call me back. What can I do? What are the rules for the bank?

Any information would be appreciated.

excon · May 16, 2009, 02:45 PM

Hello D:

The bank doesn't have to notify you... The guy who sued you did, though. If you never were served, find out who sued you and go back to that court, and move for the judgment to be set aside due to lack of service. If they grant it, you'll be served in the courtroom. But, then you'll have an opportunity to defend yourself against the debt.

If you have no defense against the debt, then you'll be wasting your time and money, because they'll keep on adding legal fees to your debt.

If you have some cash to negotiate with, I'd try that.

excon

Fr_Chuck · May 16, 2009, 02:50 PM

There is no notification of the attachment of a bank account ( garnishment) but you would have been notified about a judgement against you.

Someone would have sued you, and had a court date about it.
It may have been yeas ago, judgements are normally good for 7 to 10 years and can be renewed

ScottGem · May 16, 2009, 03:26 PM

The rules for the bank are that, when the receive a valid court order they have to act on it. So the bank nust have received a valid court order to freeze your funds. The bank is obligated to show you a copy of that court order. The copy will list a court and docket number that issued the order.

As noted, you will not receive any notice prior to the execution or the writ of execution. But you should have been aware that a suit was entered against you and a judgement awarded.

If you have no knowledge of the suit/judgement you may be able to get the judgement vacated.

So if you were not aware of this judgement your first step is to get the court and docket info, and file a motion in that court to vacate the judgement on the grounds of improper service.

However, if you WERE aware of the suit and judgement, say bye-bye to what was in your account.

trmpldonagn · May 16, 2009, 11:38 PM

Hi D. I'm not sure where you live but there is a time limit for you to file a motion to vacate the judgment or an order to show cause. Find out asap. For me it was 30 days and I just happened to catch this. Check for the date it was entered or filed first and then go from there. Best of luck to you.