Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes minus any amount properly claimed as exempt.
Answer Applies to: Indiana
Law Offices of Daniel J Winter | Daniel J Winter
Yes, the creditor can sieze and take money from a bank account. However, in Illinois, you have certain "exemptions" or amounts you can protect. It is best to speak with an experienced attorney to discuss your options in defending this, or in Bankruptcy.
Answer Applies to: Illinois
Mary Saur Cohn PLLC | Mary Saur Cohn
In Michigan, your bank account can be garnished. There is sometimes a basis to object to the garnishment which you would have to do through the state court. If a bankruptcy case is filed after any type of garnishment, you can many times get the garnished funds returned to you depending on the amount garnished and if you meet other criteria.
Answer Applies to: Michigan
Law Office of Jeffrey Solomon | Jeffrey Solomon
A judgment creditor can garnish the entire bank account. However, you might have a claim of exemption to challenge the garnishment. If the bank account is held as husband and wife and the judgment is only against one spouse, you might be able to claim the property is held as tenancy by the entireties which is not subject to the claim of the creditor. If you are the head of household with dependents, and if the bank account is from your wages, you can claim the account is exempt. Finally, there is a bankruptcy case that interprets the Florida statute to protect 3/4th of the wages account for a single person. A claim of exemption must be filed with the court. The creditor should be mailing you this notice with the notice of garnishment.
Answer Applies to: Florida
Law Office of J. Thomas Black, P.C. | J. Thomas Black
Yes, bank accounts can be garnished by creditors that have a judgment against you in Texas. They can apply to the court where the judgment is for a "writ of garnishment" which they then serve on your bank. The bank must freeze the funds pending a hearing, and depending upon what the court orders or the parties agree, turn the funds over to your creditor. The bank will likely also employ an attorney and charge you attorney fees.
Answer Applies to: Texas
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
You may have the ability to object to the garnishment of the bank account and claim exemptions, but the exemptions available depend upon the state in which you live. You may wish to consult with a bankruptcy lawyer if you also have other debts you are struggling with.
Answer Applies to: Colorado
A Fresh Start | Dorothy G Bunce
It is not called a garnishment when money is taken out of your bank account for a court judgment, it is called an attachment or a levy. But a creditor can clear out your bank account, although you can apply that a portion of the money (up to $1,000) be protected under a state exemption. If the money in the account comes entirely from another protected source, you may also claim the money in the account as protected. However, you must act quickly to claim these protections under the state exemption laws.
Answer Applies to: Nevada
Idaho Bankruptcy Law | Paul Ross
Various types of garnishment exist. The most common are wage garnishments which take money from your paycheck. The next most common are garnishment of bank accounts and other financial institutions. Yes, money can be garnished from a bank account. It is your job to assert a claim of exemption against the money taken from your account to receive any of it back.
Answer Applies to: Idaho
The Troglin Firm | William M. Troglin
There are two types of garnishment - Wages an Deposit Accounts. A wage garnishment is a continuing garnishment and is good for six months and the employer must withhold 25% of your after tax income each payday returning that amount withheld each month to the court once a month. A Deposit account garnishment filed against your bank or credit union freezes the funds in the account at the time the garnishment is served. The funds are held for 30 days and then sent to the court. The only deposits that can be freed from the garnishment is Social Security and Disability Benefits but you would have to show the Plaintiff's attorney proof of the Social Security and/or Disability Benefits deposited into the account.
Answer Applies to: Georgia