Is it allowed that a garnishment be taken out of your bank account? 21 Answers as of October 03, 2013

The wages are being garnished; can they take all of your money out of your bank account?

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Stephens Gourley & Bywater | David A. Stephens
Yes, unless the money in it is exempt, such as social security.
Answer Applies to: Nevada
Replied: 10/3/2013
Paul Stuber, Attorney at Law
Paul Stuber, Attorney at Law | Paul Stuber
Yes they can. There may be exemptions that you can claim. You need to look into it right away and make the claim.
Answer Applies to: Colorado
Replied: 10/3/2013
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Yes minus any amount properly claimed as exempt.
Answer Applies to: Indiana
Replied: 10/2/2013
Charles R. Chesnutt, P.C.
Charles R. Chesnutt, P.C. | Charles R. Chesnutt
Not in Texas. Only IRS or alimony creditors can garnish.
Answer Applies to: Texas
Replied: 10/2/2013
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
Yes but it can be taken until you file bankruptcy.
Answer Applies to: Florida
Replied: 10/2/2013
    Law Offices of Daniel J Winter
    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
    Replied: 10/2/2013
    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
    Replied: 10/2/2013
    Law Office of Jeffrey Solomon
    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
    Replied: 10/2/2013
    Utah Bankruptcy Law Advocates PC | Linda D. Smith
    Yes, a creditor with a valid judgment can garnish wages, bank accounts and even attach your property depending upon the amount of the judgment and type of asset.
    Answer Applies to: Utah
    Replied: 10/2/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, that is why they get judgments. See a lawyer about a bankruptcy to stop it.
    Answer Applies to: California
    Replied: 10/2/2013
    Law Office of J. Thomas Black, P.C.
    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
    Replied: 10/2/2013
    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
    Replied: 10/2/2013
    A Fresh Start
    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
    Replied: 10/2/2013
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Absolutely. If you have money in there, you might as well paint a target on it.
    Answer Applies to: California
    Replied: 10/2/2013
    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
    Replied: 10/2/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    They can freeze your account and take the money.
    Answer Applies to: New York
    Replied: 10/2/2013
    Moore Taylor & Thomas PA
    Moore Taylor & Thomas PA | Jane Downey
    We don't have wage garnishment in SC and if it's money coming from your bank account and not your pay check, it doesn't sound like wage garnishment.
    Answer Applies to: South Carolina
    Replied: 10/2/2013
    Law Offices of Patrick Edaburn | Patrick Edaburn
    If they have a judgement against you then they can attach bank accounts. If you file bankruptcy this would eliminate the debt (presuming it qualifies)
    Answer Applies to: California
    Replied: 10/2/2013
    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
    Replied: 10/2/2013
    Gottlieb & Goren, P.C.
    Gottlieb & Goren, P.C. | Aaron W. Goren
    Yes, garnishment of your wages does not stop garnishment of your bank account.
    Answer Applies to: Michigan
    Replied: 10/2/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    Already asked and answered this week.
    Answer Applies to: New York
    Replied: 10/2/2013
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