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Judgments and taking money from checking accounts

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Vinny4422
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Subject: Judgments and taking money from checking accounts
 
Posted on Fri May 30, 2008 3:36 am  

Hello, I have a few questions on judgments. First, how many times can someone take money from your checking account when a judgment has been filed against you, and is there a limit they can take? Also, if a judgment is to be filed against you, aren't you supposed to be served in person to at least sign that you have seen the summons?

Last year in November I received a letter from my family that got sent to their house (They live in RI, I live in MO). That letter was a summons to appear in court in RI. I got the letter 2 days after the court date and so needless to say I didn't go to court and the judgment was accepted by the courts (I couldn't have gone to court anyway seeing as I live in MO now and have been for 10 years). Not soon after they took all the money from my checking account and savings. I called them after seeing this and to make a long story short I gave them my current address and phone number and they told me that the person handling my case was on vacation and would get back to me.

Now six months later and no further communication between them and I (I told my family to return to sender any further mail from them as they have my current info and can mail me or call me if they wish). This week I saw that they took all my money out of my account again. Almost 6 months to the day of the fist garnishment.

Anyway, can anyone help me with my questions? Any help would be greatly appreciated. I don't have the money to grab a lawyer and they seem unwilling to make payment arrangements.

Thanks

PS. To clear something up, I have never lived at the address that they were sending the letters to. I did live in RI, but that was nearly 10 years ago.
CMBV22

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5162 Magic Points

 
Posted on Fri May 30, 2008 5:27 am  

IF I were you I would call my local AG. I would also have info on the debt that you were sued over. I would also make sure that I had all of the information on the judgement that i could get before I called.
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carol

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Posted on Fri May 30, 2008 9:53 am  

As far as I know, whenever a creditor gets a judgment against you he can garnish wages or even take money from the bank account. In case of garnishment of wages, the creditor can garnish 25% of your income over and over again. However in case of bank levy the creditor can take money out of your checking account whenever he finds money into the account till the time the debt has been paid in full.
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scott

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Posted on Fri May 30, 2008 10:03 am  

I agree with carol on this point. Say for example, the judgment against you is for 1000 dollars. If they find this money in your checking account, he can take the money out of the checking account. But if your account has say 500$, the creditor can take out this amount and wait for your next cheque to fall into your account. If the creditor requests the bank with the judgment letter to collect any money that gets deposited into your accounts, the moment any amount that falls into your account, it gets garnished by the creditor and this process continues till you paid the entire 1000 dollars.This is also known as bank levy where the creditors do not take bit by bit but instead take all of it until the debt is paid in full.
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Vinny4422
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Posted on Sat May 31, 2008 7:18 pm  

Thanks for the replies. I was afraid that they could just keep taking it. Any information on my second question though, as to shouldn't I have to sign for a summons to appear in court for a judgment so I at least know when I have to appear in court? I just got a letter yesterday from my bank saying that the lawyers had the courts sign papers again on May 19th saying they could take funds. Why am I not getting warned by the courts beforehand?
donna
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Subject: garnishing checking account
 
Posted on Fri Jun 13, 2008 11:30 pm  

my mom had her checking account garnished right now her money is frozen the only money going in there is her social security check. she had a stroke and is in a nursing home. this is her only income can they take her money or is s.s money excempt from garnishment
carol

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Posted on Sat Jun 14, 2008 11:02 am  

Hi donna
Social security account can never by garnished by any credit card companies or collection agencies as they are protected from private creditor action. these accounts are garnished only for back alimony, child support, unpaid federal taxes and amounts due other federal agencies.
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sdchargers_63

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Subject: Debt
 
Posted on Sat Jun 14, 2008 2:01 pm  

I din't think 'they' could take ANY money out from SS. Not even child support, taxes, etc. If that is all someone is getting, as income, how can ANYONE do that? Does this ca/Collector know your mom is getting ONLY SS, DONNA?
anthony

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Posted on Mon Jun 16, 2008 10:39 am  

Hi sdchargers
Social security account can be garnished for child support, back alimony and for payment of federal taxes but not by any private credit card agencies. I think that Donna should report the CA that the checking account is her mother's SS account and that too by certified post. If the CA does not stop garnishing her account she should report this matter to the FTC and consult a social security lawyer at the same time.
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Cheerindy
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Subject: judgment
 
Posted on Mon Jun 16, 2008 3:06 pm  

you need to file a motion to get judgment vacated, voided or reversed. You still have time to do this. I would contact an attorney or do it yourself. You can easily get this done, because you can prove you did not receive summons & didn't even live in that state at the time. Do NOT sit on this, get busy taking care of this now. If you wait until after 1 year has passed, you will have a harder time vacating or getting dismissed. Even if this is your debt, you weren't served & lived in another state, therefore the judge will vacate. GOOD LUCK!
betsy
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Subject: my checking account
 
Posted on Sun Jul 13, 2008 1:07 am  

i have direct deposit yesterday was payday and i was wiped out of my pay.i have no idea what this is about. i went to my bank and they told me it was taken by nrs they said it must be collections .can they to this please help i live in ny
CMBV22

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Posted on Sun Jul 13, 2008 1:16 am  

I am also currently researching some atricles I read that stated if you were never served the summons *I had one that was just sent to my home* after you pay it you can file a motion to have the judgement removed from your CR since they did not follow the correct process.
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Thom
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Subject: checking account garnishment
 
Posted on Thu Aug 14, 2008 2:03 am  

I have garnished a checking account of a person that I have a Default Judgement against. The money has been frozen by the bank and I will get it as soon as funds are ordered by the court. Now this Judgment Debtor has opened another account with the same bank. I included on the first garnishment, the words 'and any other account held under judgement debtors name(s)' - do I have to file another garnishment on this guys new checking account?
goodnatured



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389 Magic Points

 
Posted on Thu Aug 14, 2008 2:33 am  

Quote:
I included on the first garnishment, the words 'and any other account held under judgement debtors name(s)' - do I have to file another garnishment on this guys new checking account?


Did you include the persons account number or social security number as an identifier? You may want to call the bank and ask them about this, I am sure they will explain the process?

Why did you have to go to this measure? If you had a judgement, wasn't the person ordered to pay when you got the original judgement against them? Not real sure how this works?
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Jim
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Subject: Garnishments
 
Posted on 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.

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