If there is anyone out there who knows this, please let me know. If i have an out-of-state bank account, lets say CITI, and citi does not have branches in my state, does a creditor have to sue me in New York( Account location) to garnishe that account? I am in NC right now, and thinking about opening acct in NY. I was under the impression that a creditor here in NC can not garnishe my New York account, unless they file suit and obtain writ of garnishment in state of New York any ideas, thanks?>
I thought I read a comment here recently from someone stating that NY is a no garnishment state. Would they be successful if they tried to collect from a bank in that state? Could you call a couple banks in NY and ask their opinion, as this surely must be common knowledge (also check the NY laws.
I was reading a "small claims pamplet for the state of Nebraska," which is where my judgement is. It states: "Forms for garnishments are available from the clerk of the county court, however, you must know the place of employment or bank with which the debtor does business. If the employer or bank is located in a different county, the judgment must first be transferred to a court in that county." My case was not in small claims court, but I would think the laws would be the same regardless. The order of garnishment is for a bank where I no longer have an account. I live in an entirely differnt state, and they do not have my address. I do not work, and I am on a Joint account with my husband, but I am thinking about possibly taking my name off this account, if I can. I am also thinking of filing for a reversal, because I was not properly served. I guess I'll call the courthouse tomorrow and see what they say.
I moved from NY to NC. I know NC does not allow wage garnishments, thank GOD!!!!!! But accoutns can be garnished. I just thought that if I opened an account in NY, and deposited my paycheks (direct deposit) there, a creditor would have to drag its ass up to NY and file a writ of garnishment there. I would think it would be much harder to garnishe an account that is in a different jurisdiction from where the judgment was obtained
I think you should consult an attorney just to be sure. Many of them give an initial consultation free. We can give advice, but most of us are not lawyers. Even those who are don't know the laws in every state. Ask a NC lawyer, then ask him if they can go to NY and apply NY laws or if they have to go by where you live.
NY State DOES allow seizure of bank accounts to satisfy judgments I am not a lawyer, but I would think if the creditor suspected you of having a bank account in another state they could have the judgment recorded in that state and then take further collection actions If the creditor wanted to they could order you to attend a post-trial discovery hearing to determine the amount and location of your assets. You would have to testify under oath and the NY bank account would be found out
The creditor would sue you in your home state and get a judgement there. With that Judgement they can have it filed in New York County, NY as a Foreign Judgement. Once the Foreign Judgement is entered they can sieze your bank account.
The problem I have is my direct deposit. I need to have an account open, where direct deposit goes. Even if I get it on hand, I need to deposit them somewhere. If i leave an account open and every time a direct deposit goes in there, if I withdraw the funds, will that leave time for a creditor to take the money? How does seizing work? Can it be setup so that ANY money that comes into the account directly gets send to the creditor? If i keep 100 dollars there, and every two weeks a deposit in the amount of 1000 dollars comes in, would that be automatically seized, or a creditor has to take action every time they want to seize something?
Re: Re: Out of State Bank Acct garnishment Don'y be a victiom - get proactive and start shielding your bank account before they jump on it. Read this: http://www.artofcredit.com/phpBB2/viewtopic.php?t=1183 It's "How to make Yourself Judgement proof" and there is a copy of it somewhere in Creditnet.
