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    chronix719's Avatar
    chronix719 Posts: 15, Reputation: 0
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    #1

    Oct 16, 2009, 11:46 AM
    Garnishment law
    Hello everyone,
    I went into my bank account today to find out that I have a negative $84,000 on my account, my balance on my account before the negative was a positive $500.

    I am currently working to find out as much info on why this happened, it the term given to me is called garnishment.

    My question that I have not found an answer to: I have found out that a company can take the $500 in my account that was previously there. But can they charge my account that much into the negative? If so how is that, if not what can I do. I live in central Florida.

    Losing $500 I understand, as that is what was in the account, but charging $84,000 to me does not sound right... please help.. and any related info on this subject would be great as well...

    So far I am trying to reach the lawyer, the contact info was given to me from my bank over the phone. I have tired calling and no one is answering the telephone, I am getting a message to enter my pin?. go figure. I did not receive any notice from my clerk of courts or anything... that is as far as I am so far. Again please help...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 16, 2009, 11:59 AM

    You have to find out who levied against your account- this is not a garnishment, which applies to wages. The Bank "should" have a notice which also indicates the name of the Court.

    You would contact the Court Clerk, go in and examine the file and then - if you have NOT been properly served - file to have the Judgment set aside. Of course, if proof is on the side of the creditor you will simply be served and the lawsuit will proceed.

    This is definitely NOT Small Claims, of course - somebody says you owe them $84,000 and you have no idea who that person is?
    chronix719's Avatar
    chronix719 Posts: 15, Reputation: 0
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    #3

    Oct 16, 2009, 12:13 PM

    But can they take out more than what is in the account to that extent?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Oct 16, 2009, 12:30 PM

    I don't know what you mean.

    There would have to be a line of credit or something similar on the account in order for the creditor to take out more than is in the account. Obviously anything over what was on deposit comes out of the bank's "pocket" and all you do is close your accounts. Sounds like the bank made a mistake.

    Of course, if you had transactions AFTER the lien money was removed and those transactions gave a negative balance, then you owe the bank.
    chronix719's Avatar
    chronix719 Posts: 15, Reputation: 0
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    #5

    Oct 16, 2009, 12:42 PM

    Thank you, just found out the account is just on freeze, the company who is trying to capture the money and more from my account is a company that was shady when I got their product (solar heating panels for my previous house) the panel stopped working and I have proof that I tried to contact them on numerous occasions, and they were not working with me... so thank god I have proof of this...

    On the account part, the account was charge 3 times, not just one, I spoke to a representatie and they told me that I will have a zero balance, not a drastic amount in the negative... now I need to find contact the court and go from there I guess...

    Any suggestions now from here..
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 16, 2009, 12:47 PM

    Nope, you've done a good job so far! Contact the Court. There is either a mechanics lien which allows the company to freeze your bank account OR a Judgment and nobody served you with papers.

    You have to find that out before I can tell you what the next step is.

    Keep in touch -
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Oct 16, 2009, 12:49 PM

    They can not take more than is in the bank, but the negative balance is there , so if you deposit any more money into that account, they will take any money put in up to that amount

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