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Judgments and taking money from checking accounts

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Jim
Guest

Subject: Garnishments

Thu Nov 13, 2008 11:24 pm

We had our checking account wiped out last week by a creditor for an amount in excess of what we had agreed upon. I filed a motion to quash the garnishment with the court on Mon. and had a hearing on Wed. and the motion was granted and they had to put the money back in the bank. Course the bank (Regions) kept out $100 to steal my money in the first place and refuses to replace it.
I would suggest that everyone stop the automatic deposit of their paychecks and buy a safe. Also pay your creditors with money orders so they don't have access to your checking account#. Best.....deal in cash only.

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 4285

127 Magic Points

Thu Nov 20, 2008 2:57 pm

Jim...Thank you. This is what I try to advise people. you are not the first and surley will n ot be the last person this happens to. I had this happen to my sister and she didn't even have a garnishment or judgement. Nope, they just decided to dip into her account and take some funds. She had disputed it with her bank and the bank had replaced the money and gone after the creditor that took it. I fo not believe she even had it set up on the automatic system. They somehow (creditors) have ways of finding bank accounts (should be illegal) and doing this. People usaully get their money back when they do it this way but it takes some time.

goodnatured

Joined: 03 Nov 2007
goodnatured's page
Posts: 3927

10 Magic Points

Thu Nov 20, 2008 3:52 pm

I have had this happen to me, I have posted before about how they just go in and take the money out and I have had to go to the bank to file the dispute and get my money back. Pain in the rear and I have no clue how they got my bank account information.
_________________
Goodnatured,
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for all the ways I make $$ online
http://www.crazymonkeygold.com/members/register.php?ref=fedupinpa

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 4285

127 Magic Points

Thu Nov 20, 2008 4:46 pm

Violation of rights.....peeves me off...You think you could have sued them for doing this since it smells illegal to me. Did the bank say you had any legal action you could take against them? Be nice to see them pay for a change.

Maria Reynolds
Guest

Subject: Garnish of my Bank account

Wed Jan 21, 2009 4:56 am

I want to know if I open a new checking account in another bank will they find me to take more money with my social sec number

LeeAnn
Guest

Subject: Garnish Bank Account

Mon Feb 02, 2009 7:37 pm

I just had money taken out of my checking account on Friday. I moved from RI to NY in July and had a judgment in RI in June. I answered it and said I would be willing to make payments, but moved from RI and did not receive any other communications. Do I have any recoarse????

Mary

Joined: 06 Jul 2006
Mary's page
Posts: 686

17396 Magic Points

Tue Feb 03, 2009 10:21 am

No, you do not have any other option. Your bank account will continue to be garnished so long as the judgment amount is paid back in full. Whenever any money gets credited in your checking account, the bank will debit it from your account automatically and send it to the creditor.
_________________
Where there's a will, there's a way !!

patti
Guest

Subject: garnishment of social security from my checking account

Wed Feb 04, 2009 12:02 am

can my creditors take money from my checking account if the only income i have is social security.

Guest

Wed Feb 04, 2009 12:03 am

help. can they garnish my social security.

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 4285

127 Magic Points

Wed Feb 04, 2009 1:57 am

No they can not take wages that are from Social security. You will have to make them aware of the fact that this is what the money is from. You may also want to notify your bank. They also can not take money from your bank account,unless you give them permission, until they get a judgement in their favor.

Mary

Joined: 06 Jul 2006
Mary's page
Posts: 686

17396 Magic Points

Wed Feb 04, 2009 8:56 am

No, the creditor cannot take money from your checking account if the money that gets credited there is your social security benefit, because according to the Federal law, ss benefit cannot be garnished. However, you should inform the bank in writing that the the credited money is your ss benefit so that they do not garnish it. SS income can only be garnished for outstanding Federal Tax recovery and alimony and child support obligations.
_________________
Where there's a will, there's a way !!

Bewildered
Guest

Mon Mar 30, 2009 10:58 pm

How do they find out your checking accounts and what bank they are at?

carol

Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California

29555 Magic Points

Tue Mar 31, 2009 9:39 am

If the creditor or the collection agency has your social security number, they can easily track your bank account details through that number, because the ss number is required when we apply for a new checking account.
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Keep in touch
Carol

Cheri
Guest

Subject: Child Support

Thu Apr 16, 2009 5:31 am

Can my checking account have a levy put on it for child support arrearages when I am already having it garnished out of my pay check?

prudence
Guest

Subject: inhreritance

Mon Apr 20, 2009 12:31 pm

I owe money to creditors and I have just gotten an inheritance from my mom. Where can I put the money so the creditors cant take it?

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