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pinche822
Joined: 16 Sep 2009
pinche822's page
Posts: 1
26 Magic Points
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Subject: Garnishment?
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Wed Sep 16, 2009 6:59 am
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| I live in Missouri and I just found out that my bank account was garnished for 75 $. I found this out by looking at my statement. I am a full-time student and I work only 3 days a week. Can both my bank account and wages be garnished? and is it always going to be 75$ taken from my bank account? |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1298
28935 Magic Points
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Wed Sep 16, 2009 10:48 am
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Hi Pinchee,
Are you a defaulter? Since when did you stop paying your debts? Bank account garnishments mostly take the debtors by surprise. However, it is not possible to garnish your bank account or wages without a judgment. You did not say anything about the judgment. Does that mean you did not know about any such judgment? If you do not know, then the debtors must have got the judgment by default where you did not even know about the court hearing. In this case you can file a Motion to Vacate Judgment where your creditor will need to prove that he had sent you proper notification. If he fails to prove this, the judgment stands void and he will not be able to garnish anything.
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All the Best 
Justin |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1362
Location: Los Angeles, California
29592 Magic Points
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Wed Sep 16, 2009 10:53 am
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Hi pinche822
Did you not receive any notice before garnishment? Well, if you do own a debt and have not paid it for long, I'm afraid your lender might get a default judgment against you and choose to garnish your wage. If you haven't received a proper notice of judgment, you may vacate the judgment.
Otherwise, if you do owe the debt you may try and get into a settlement with your creditor and ask him to stop garnishing your wage. Contact your creditor, calculate how much debt you owe in total and finally work out a payment plan with him. I hope you are willing to pay since you do owe the debt.
| Quote: |
| Can both my bank account and wages be garnished? |
No, only one of the two will be garnished.
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Keep in touch
Carol |
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