Judgments and taking money from checking accounts

Submitted by Anonymous (not verified) on Fri, 05/30/2008 - 03:36

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.


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.

help (not verified)

i received a summons with my name on it but the exhibits they have for proof belongs to someone else. what can i do when i get to court

Fri, 09/09/2011 - 01:10 Permalink
Brandy (not verified)

I am curious. I have a school loan that I had consolidated before my husband and I were married. I have been a stay at home mom for 2.5 years now. The IRS has taken his refund the past cpl of years. My question is since this is my debt will they keep taking his tax refunds until it is paid off? And he is currently working out of state. Is it true that I cant even open a checking account to pay bills because it will flag the IRS and they can take the little amount I may have?

Tue, 09/13/2011 - 05:50 Permalink
foxesgirl (not verified)

I go to court in four days over check garnishment. I go letter about it, but I tried to work out payment with collector and they would not work with me they wanted full amount. I was laid off could not pay it they said see you in court. I will go to court will I be required to pay full amount even if I dont have it?

Fri, 09/16/2011 - 21:19 Permalink
Abbey Barkocy (not verified)

I have a ca taking money out of my direct deposit for my child support. The credit agency said I did not appear or respond to the hearing but I never received it. Where and Who can I go to to help me. I am desperate because that is all I have to live off from.

Tue, 09/20/2011 - 02:50 Permalink
Bobby Thomas (not verified)

can increase my child support iam not behind but they gave a big increase with telling me they just did it

Tue, 10/04/2011 - 02:21 Permalink
janet dukes (not verified)

have a judgement againest me and they are trying to find out how i pay my car they sepenoed the bank for info if i take ,my name off account can they still get money out of it?

Wed, 10/19/2011 - 00:16 Permalink
sas (not verified)

My account was drained, but if they are only allowed to take 25% why can they take a 100%, Also if you settle with them with a payment arrangement can they still clean out your account?

Wed, 10/26/2011 - 22:12 Permalink
Brian2011 (not verified)

I own California state taxes. I just got a new job, paid on a 1099 basis. The employer wants to direct deposit into my checking account. I'm worried. How can I find out if California will take all of my first check when it gets direct deposited?

Thu, 10/27/2011 - 01:59 Permalink
Don (not verified)

My savings account was frozen because of my son. His name is on the account. They have taken the money from my account, is there anything I can do to get the money returned? He filed chapter 13 on the day the money was taken out of the account.

Sat, 11/05/2011 - 15:27 Permalink
mommat (not verified)

I recently had money garnished from my savings acct. that was direct deposited in my name. The debit is only in my husbands name and so is the garnishment in his name only. If i open up an account of my own without him being included at all will that stip them from garnishing my funds for his debit?

Fri, 12/09/2011 - 10:45 Permalink
Polyana (not verified)

can this be done on cc debts that have already been discharged by bankruptcy. I received my discharge in sept. 08 and this account was on it.

Sun, 01/15/2012 - 10:14 Permalink

If you filed for BK and the credit cards were a part of your BK, then..no..the credit card debt should already be 'erased'. However..which BK did you file..Chap. 7 or 13? If you would please let me know what state you live in, I can look some information up for you. Thanks.

Mon, 01/16/2012 - 00:19 Permalink
Joanie (not verified)

3 yrs. ago I got a judgement from BOA, we went to court, they froze my account, fortunately for me; I had only $10.00 in the acct. I want to open another account at a Credit Union could they take my money from that account?


Mon, 01/16/2012 - 01:48 Permalink
BraysMommy427 (not verified)

Can a judgement take child support? In my state of Massachusetts they do a debit card and that's my only option. I want to make sure that the levy doesn't take my sons child support. Can someone quickly respond :) thanks

Fri, 01/20/2012 - 06:10 Permalink
aslake (not verified)

In 2000 I bought a car from a dealer through FORD MOTOR financing. When a purchase the car the dealer ask me if I want insurance in case I lost my job I don’t have to make a payment for six month, I say OK, never review the document if that insurance was included. I had the car for two years and lost my job. Since I have my six months insurance I did not pay for three months, then my car was inbound. I called ford and ask them why are you taking my car, they answer was you are three months behind, I reply I know. I am covered for six month; they reply you have to take that with the dealer, or you can pay $2500 and the case will be closed. I told them the dealer told me to speak with ford finance; they told me they will get back to me. I wrote letter to the President Copy CEO CFO and ford finance department, never heard back anything. While I am waiting fords reply I received I letter from attorney office to pay $ 7500. I called the firm and told them and fax them my letter to ford company explaining why I will not pay this money. Today I was trying to get money for grocery from my checking it has only $8.50 available, my saving all gone $9500. I called my bank and ask what is going on on my account; they told me there is a judgment of $19,000 from Ford Company here is the attorney name and phone number. This is almost my 6 years of saving, is there any office who can STOP this madness what is my choice here/ I appreciated the help.
FYI-The car was purchase for $18000 I have paid for two years $595 a month

Sun, 01/29/2012 - 04:53 Permalink
jermaine (not verified)

how long can a insuranc garnish or take wages from ur bank if u lost ur job for an auto accident even if u wert driving the vechicle

Sun, 02/05/2012 - 05:15 Permalink
shannon (not verified)

my mom died and had her bank account with credit levied. I am also on a couple of credit cards with her that she owes. Can anyone come after or freeze garnish my personal bank accounts. I am a teacher and didn't realize how much credit debt she accumulated. I am sure my credit is now ruined but right now am afraid of judgements

Tue, 02/28/2012 - 16:15 Permalink
Tiffany (not verified)

So had a judgment against me a year ago. I was expecting to hear something from them regarding setting up a payment plan.. But of course that did not come.. Instead today out of my husbands savings acct. goes a charge of $8000.00... Now all i want to know is there anyway at all possible in getting this money back???? THis is not my money but a savings acct. for my husbands acct. yes unfort. i'm on that acct. which i didn't realize! So i just wanted to see how i can fight this. any options at all out there?where to begin. thank you.. :/

Sat, 03/24/2012 - 01:56 Permalink
jeanette perez (not verified)

My bank was frozen from collection co. for credit card debt.HOW Much time do I have to answer before they can take my money?

Mon, 04/02/2012 - 23:12 Permalink
Julliae (not verified)

I have gone to court with this large corporation about a reposessed vehilce. The case kept getting continued (like 7 times) I have a debt consolidation company that is trying to have the corp. negociate a deal, but instead the corp. garnished my entire checking and savings accounts.
I have a call into my debt consolidation company lawyer, but is there something I can do in the meantime?

The garnishment is set to end the 27th of APRIL. Can the corp. get it renewed after that to take more?

Tue, 04/10/2012 - 13:45 Permalink
Missy ugh (not verified)

Has anyone's wages been garnished, had a judgement or been sued by these people? They are trying to collect on a debt they bought from a auto loan that is now on my credit as closed. The car was sold but now they want 23,000.00 from and the car was sold for 11,000.00. Anyone heard of or have dealt with this people. They have harrassed my stating they are going to file a 1099 against me and that there is a judgement against and that I need to have my lawyer call them in 24hrs. Nothing is on my credit report and no judgement had been filled against me and they have been calling since November of 2011.

Thu, 04/26/2012 - 03:15 Permalink
MAD (not verified)

We have a judgemnt against us that was filed 2 weeks ago I went into my checking account and seen they had taken a few hundered dollars from my account and then found out they took $10,000.00 out of my mothers savings accoun to satisfy the debt. My name is on the account but it is NOT my money. Is this legal?

Sun, 06/03/2012 - 05:38 Permalink
issac (not verified)

So I am a minor and my brother was my co-sighner. He owes a bunch of money and it has now been taken out of my account, they took every penny. Do i have a chance to fight this?

Sat, 07/28/2012 - 05:12 Permalink
bill8142 (not verified)

i defaulted on a student loan and am unemployed. i have a joint acct. with wife. what is likelihood of acct being frozen?

Thu, 08/30/2012 - 14:43 Permalink
chad bridges (not verified)

My wife had this credit card before we were even dating or married credit card place after 4 years were telling my wife they were going to sue her we were not even getting there bill to our address. Next thing u know they put a levy on my checking and savings, we can not pull out any money we have 2 kids under 4 we also put our 30 days in for leaving our condo and we are suppose to move into a new place tomorrow but now I can not pull out my deposit for the new place because of the levy, we are not going to have any place to live or can't even by diapers for my baby. Can these guys do this

Thu, 08/30/2012 - 17:20 Permalink
Rob (not verified)

I had a judgement against me but in the paperwork it doesnt say anything except for wages garnishment, do they have to state that they are going to go after my checking account in the document? they empted my account and i have nothing from the court that they entered a judgement agaisnt me, I didnt show because I was told they would garnish my wages like the first one did, I have a court ordered payment i cant make now what can i do?

Sat, 09/01/2012 - 03:11 Permalink
judy kimball (not verified)

I have a garshiment against me in that my bank checking account had all my money taken in Ga. Can my car also be taken by the court or the lawyers for the credit card company?

Sat, 09/01/2012 - 20:43 Permalink
Krystal (not verified)

A few months back I received a summons from the court about some credit card debt that I had defaulted on. There was no date on the summons I was just told that I needed to call the attorney within 21 days and try to work something out. I called 6 days later and talked to someone at the firm and asked them exactly what was needed on my part to work on some sort of payment plan. He notified me that basically there was nothing to work out they had won a judgment against me and that my wages were going to be garnished. A few days ago I went to go use my debit card and it wouldn't work I knew there was money available so I called the bank to see what was going on with my account and that was when I discovered that there had been a freeze on my account. I am a single mother of two boys, I work full time, and go to school full time, now I can NOT access any of my money to pay bills or even buy groceries for that matter. Curious what are my rights and what can I do. Both me and my children depend on my income to live and now my back is against the wall. I have been told from several people to have my funds directly deposited onto like a prepaid debit card, could I do that without suffering any consequences!?

Mon, 10/22/2012 - 00:46 Permalink
mjll5432 (not verified)

I owe money to the state for a previous year. can they freeze my new husbands account if im not on it. i do have a direct deposit that goes into that account

Fri, 04/19/2013 - 00:14 Permalink
Feeling helpless (not verified)

I needed quit access to my funds my friends bank down the street received a check from ins had property loss. But when I went to withdraw funds he owed back taxes and they granished my money I have proof that the funds are mine how do I get back?

Thu, 04/25/2013 - 21:47 Permalink
Tiffany (not verified)

If your name is on an joint account and you have Garnishments they will keep taking it out. I suggest you stop your direct deposits or they will be sucked out of there!

Thu, 07/11/2013 - 09:00 Permalink
Moriah (not verified)

I owe 4400 to discover, it is now 11,000.00, we lost everything, our business and home . We recently started a new business, and we are scratching out. The deby is in my name only. y name only not my husbands...they won't take my offer to pay off the original debt. We fear if we file they will get in to the business that is just now showing small profit. Can they do that? Please help ...we are not dead beats we just goy hit hard like the rest of the country, and lost every thing we are senior citizens... It would be sad to go to our grace with this hanging over us

Tue, 08/13/2013 - 06:16 Permalink
cp (not verified)

I have my checking account on hold for tarnishing but I would like to fight it. I know that the 20 days have passed, can I still file and what do I file. I was paying my debt and thought I had paid acct in full, four months later I get notice still owe $300 and a few days later I get a writ of garnish and 3 days later acct on hold. Amount on hold is 3 times what I owe

Tue, 09/10/2013 - 01:44 Permalink
Yolanda (not verified)

After my husband passed away I had to stop paying all credit cards in order to pay the mortgage. One credit card company filed a judgment and put a lien on my home. They haven't gone after my checking account probably because all I have going in there is SS and a small pension from my husband's union. However, if for some unknown reason I were to put a larger amount of money in there from selling something else, will they know about it??

Fri, 09/13/2013 - 23:10 Permalink
tisha Bosha (not verified)

I live in Texas. My husband defaulted on a business loan. a lien was placed on our joint account it was then released. How many times can they but a levy on the same bank account?

Wed, 10/09/2013 - 15:09 Permalink
Lora (not verified)

Can a judgement filed in one state for deficiency on rent have an impact on another deposit account in another state?The rent payment was drafted from checking account and a lien has been put on that checking account from my cheching account that same state. Have since moved to another state.If I open a new account can they draw from that?

Wed, 12/18/2013 - 20:20 Permalink
jacki (not verified)

I feel that banks shouldn't have the right to give debt collectors your money surely some people have their mortgage and or car notes coming out of their accounts. For the most part most debts are higher than what a person can afford to pay out of pocket at once and Jim you are right pay everything in cash if you can i wish my job had a check card because i would be using that instead of a bank account

Tue, 01/28/2014 - 16:22 Permalink
Elaine (not verified)

I cosigned for an apartment for my daughter. She moved out without paying 2,000nworth of fees. It has been a year and a half. It has been turned to collections. She has made two payments of $150, and I have offered to settle for $1200. I just received a writ of garnishment in the mail. My daughter who is also employed has received nothing. Suggestions?

Mon, 02/17/2014 - 03:38 Permalink
Jenean Frybarger (not verified)

How long after I receive a "motion of Judgment" from a creditor until they can freeze my account and take out monies. Do I have time to file a motion to vacate, or will I be personally served before this happens? I am on Social security which I know cant be garnished, but if mixed with other funds could be garnished, Also my husbands name is on my acct but his name is not on the judgement, can they still take monies out of our joint acct.

Mon, 02/24/2014 - 18:44 Permalink
Brenda (not verified)

I left a condo owing 230.00 and a year later the condo association put a lien on my checking account for $3000.00. They billed me for the whole year and attorney fees. The only money I have to live off of is social security. I went to see a lawyer but cannot afford to file and am barely making it and just can't do a thing. What will happen, will it eventually come off? Or will they keep putting the same amount on year after year?

Mon, 07/28/2014 - 22:48 Permalink
Theresa l Spinello (not verified)

We are not married and the acct is not a joint acct
Bank of America has my name on it only to be able to ask questions etc for my bf because he is a little slow and can't understand things well. His weekly pay checks get deposited. He has his debt card. I have no debit card and no job to have checks deposited.
I receive alimony I have signed a few checks over to my boyfriend to deposit but they were not of origin from him etc. and not a great dollar amount.

1 question. How can they take money fr an account for my debt when it's not a joint act ?

2 I own a small home. Why wouldn't they just put a lien on my home ?

3 I live in connecticut. Can they take my home? It's not even worth $80 k I know there's a $75 k exception.

Plz help with any info. Thank u

Wed, 07/30/2014 - 18:39 Permalink
crorkz matz (not verified)

2jOynJ I appreciate you sharing this blog post. Really Great.

Tue, 08/05/2014 - 12:09 Permalink
ericka macko (not verified)

I get ss disability for my kids that is part of support/alimony to us from my ex husband. Money was taken from the account without me being notified is this allowed also I just started a new job had my first paycheck deposited in my checking account and the money was taken out without any notification. WHat can I do to get this back as its all the money I have to live on and support my 3 children and pay all my bills . NOw I am left with nothing

Mon, 12/08/2014 - 15:30 Permalink
grace (not verified)

If my ex owes back child support if the froze his bank account does that mean they took out all his money.

Tue, 01/20/2015 - 01:06 Permalink
vanessa (not verified)

If my tax refund is deposited into my checking account which is being garnished by a creditor can they take the entire refund amount or will they take a percentage of it?

Mon, 01/26/2015 - 22:06 Permalink