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

    Feb 7, 2007, 04:30 PM
    Trying to garnish
    I was hoping to get some info on garnishing a bank account. I have a small claims judgement on a business and my writ of garnishment came back from the bank with the box - no funds - checked. Does this mean I have to file a new garnishment or will the garnishment stay in effect? Wondering if this freezed the account.
    Also the judgement is for $5200 so if there is only 3 or 4 thousand in there will it come back no funds, or would the bank give me whatever is in there to start?
    Thanks in advance to anyone's opinion.
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
    Full Member
     
    #2

    Feb 7, 2007, 08:34 PM
    Whatever money was in the account when your garnishment was received should be forwarded by the bank to satisfy the judgment. Garnishments usually last a while (how long depends on your jurisdiction) and if any other monies are deposited into the account while the garnishment remains in effect they should also be remitted by the bank.

    Unfortuneately, a garnishment on a bank account is usually a one shot deal since a debtor is unlikely to continue depositing money into an account where the monies will, in effect, disappear.

    You may want to look at what other enforcement options are available to you. In many jurisdictions you can request a debtor's examination hearing at which a debtor is required to answer any and all questions regarding their finances.

    Lastly, be warned that if your judgment is against a small corporation there is the very real possibility that the principals behind it might just shut it down and start anew with another corporate entity in order to avoid you or any other creditors.

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!

Garnish [ 3 Answers ]

Hi, My brother's collection agency is threantening me that it will garnish againt my tax return for his unpaid stafford loan. (We happened to have the same last and first names.) Is it legally possible in California? If not possible, how can I prevent its constant threatening once and for all?

Disability wages to garnish [ 4 Answers ]

Does anyone know if the State of Florida will garnish disabilty wages from social security on child support. Court order my exhusband to give me any benefits he was receiving on behalf of my son in leiu of back pay in child support, but he kept everything... PLEASE HELP

Garnish [ 2 Answers ]

Can Credit Card Companys Garnis Your Pay In Texas If You Can't Pay?

Can they garnish wages if you make $144 a week? [ 6 Answers ]

Hello, my husband and I are both on SS disability. He was able to go to work two days a week under their ticket to work program. I need to know the following. If he incurs a debt, can they garnish his wages if he makes only $144 a week? I know they can't touch his social security, but if only...


View more questions Search