unemployment garnishment CA

Submitted by Anonymous (not verified) on Mon, 03/29/2010 - 00:05
Forums

I am in California and I owe a bunch of money to credit card companies. I have been unemployed for over 6 months and the companies are coming after me because I cannot pay. I only receive unemployment. They cannot garnish my unemmployment check correct? I do not have child support or tax debts only credit cards.

Can they seize my bank account if it is only unemployment checks?

I owe money to the company that bought my bank, can they seize that money without a judgement or a court order?

There are many post on here that show companies going into peoples bank accounts and taking money that should be protected from garnishment.

Do you have direct deposit? If so, is there anyway to change that option not to go into your bank account? For example here in Pennsylvania we have a debit card that is used for unemployment benefits, you can withdraw it from any bank. Does your state have that option or do they still send paper checks? For your own protection you may want to check that out.

Mon, 03/29/2010 - 00:09 Permalink
DonPC (not verified)

only direct deposit or paper checks. I receive checks. Should I withdrw my money and open an account somewhere else? Because I owe the sem company money I don't think they need a judgement first, then how do I write chcks for my bills?

Mon, 03/29/2010 - 00:18 Permalink
DonPC (not verified)

there is a check cashing place next door that charges only 1%, I think I can use them, but I still need to be able to wrie checks.

Mon, 03/29/2010 - 00:22 Permalink

Hi Don,

As far as I understand, nobody can garnish your account without a garnishment order. Only the government and IRS can garnish your account without a garnishment order.

What you can do is declare that all your money comes from unemployment benefits. Moreover, you can open another account with another bank.

Hope this helps

Regards,

Aaron

Mon, 03/29/2010 - 09:58 Permalink
DonPC (not verified)

Thank you everybody who has helped it is a difficult time for me right now. If I understand correctly, they cannot actually garnish my unemployment check, but my bank can sieze my account, maybe they eed a judgement first, but since it is held with the same company I owe money to I don't think they need anything more than a judgement, but I'm not sure.

Mon, 03/29/2010 - 18:38 Permalink
DonPC (not verified)

I have only like $300 ande owethem many thousands. I was served papers on 3-23-2010 that they are filing suit, don't they need a judgemant fisr at least before they can seize mt bank account eve if it the same company that I owe money to that holds my bank account?

Tue, 03/30/2010 - 15:24 Permalink

Hi Don,

Unemployment benefits are exempt from garnishment. Still you can check your state laws on garnishment. As for your question, the bank will have to file a judgment or garnishment order against you before they can garnish your account.

Hope this helps.

Regards,

Aaron

Wed, 03/31/2010 - 11:12 Permalink
DonPC (not verified)

They have already filed for a judgement, and i think with that they can seize my bank account at a bank they own once they can get it, but not for another 3 weeks since I was served a week ago, but I think it is a whole other process once it is at another bank. I will try to find the stae laws on garnishment, but that is difficult I think.

Thu, 04/01/2010 - 22:13 Permalink
DonPC (not verified)

Ok, I've never had nay luck figuring out the laws on the government website, but I will try. My girlfrieng works at a bank, and she says they can do it even before they get a judgement because it is in their general conditions, but I got almost all the mney out of there already and pened a account elsewhere.

Thu, 04/01/2010 - 22:45 Permalink

Hi,

Yes, it's better to open an account elsewhere.

Thanks,

Aaron

Fri, 04/02/2010 - 07:48 Permalink
DonPC (not verified)

I think it is just a federal law. My bank can block my account (the old one that I owe money to) because it is in the ganeral onditions, and I don't believe they even have to wait for a garnishemt or a judgement, but now they will need a garnishment order, but if all the money in the account is living expenses expressly from an unemployment chck they can't get it. I I use it to make certain purposes, I'm not sure about all the technicalites, I know a car worth less than $2000.00 is protected, but I'm not sure if it is worth more than that what happens (not my old clunker)

Sun, 04/04/2010 - 06:31 Permalink