Bank Account Garnishment

Discussion in 'Credit Talk' started by dgj77, Apr 30, 2004.

  1. dgj77

    dgj77 Well-Known Member

    I live in NC where wage garnishments are not allowed. However once every two weeks i have a direct deposit coming into my bank accout. I have a choice to change the direct deposit so that it goes to my mothers bank account. My creditors will not know my mothers social security number or name.
    Can they investiggate and find out that I am putting my paychecks in her account, and can they garnish her account?
    I dont know what else can I do.
    I know one thing for sure is that they cant touch my wages, but even if i get those paychecks on hand, i need to deposit them somewhere, like my moms account....

    My concern is can they go after my moms account?
    thanks
     
  2. jenz

    jenz Well-Known Member

    well, i am surprised her bank will let you direct deposit since you are not an accountholder.

    don't quote me but i believe they can only take the portion that is yours. and they can only seize with a court order. i think they would try to garnish wages first.
     
  3. Poochie

    Poochie Well-Known Member

    I think Flyingifr has had some success using out of state banks and net-based banks. They can't seize what they can't find. Opt out of marketing strategies before you apply for a new account anywhere though. Now, it's a whole different ball game if you are court-ordered to divulge all your financial info.

    Good luck to you

    Poochie
     
  4. KevPochop

    KevPochop Well-Known Member

    if they can not gardish your wages what are you so concerned about?!?!?
     
  5. goldhummin

    goldhummin Well-Known Member

    Garnishment is just one option. They can also take $$ directly out of your bank account.
     
  6. winter78

    winter78 Well-Known Member

    well I am dealing with wage garnishments and they have the old bank that I used to bank with as the bank to garnish my wages from. I don't understand the worksheet that they gave me and they can garnish my wages through my employer if neccessary. I didn't give them my other banking information and won't give them that. But I have the feeling that they will seize my paycheck through my employer.
     
  7. pd11604

    pd11604 Well-Known Member

    If there is a garnishment order they would not go to the bank, but seize your wages right from your employer before you got your check The employer makes the deduction from your pay, and it will be reduced by the amount of the garnishment.

    If they are seizing money from a bank account, they would have to know about the account. There are lots of ways to disguise your account by using a family member, or an out of state or internet bank.

    As other posters have mentioned, this would not be much help if you are subpoened for discovery of your assets
     
  8. winter78

    winter78 Well-Known Member

    They gave me this paper asking about my assets that I dont understand so I never filled it out. I don't know what to do. I can't afford a lawyer and I don't know if they sent anything to my employer yet. I tried calling the attorneys office who the judgement is for and they haven't returned my calls. What can I do to avoid them taking all of my money!!
     
  9. pd11604

    pd11604 Well-Known Member

    Re: Re: Bank Account Garnishment

    well you can go to court and petition the court to lower the amount of garnishment based on hardship

    if you are in NC then they cannot garnish your salary - correct?

    Don't have your money direct deposited if it is now being done. If they know where you work they will contact your employer for info. Even though they can't garnish your salary they can force your employer to give them information about any direct deposit account you have set up.

    Set up an out of state or internet banking account (even paypal will work) so that you can deposit your paychecks where no one will find them. It is not as convenient as local bank / direct deposit but neither is having you money seized very convenient.

    Since you did not fill out their discovery form you may be summonsed to court to do so under oath
     
  10. winter78

    winter78 Well-Known Member

    Re: Re: Bank Account Garnishment

    I had an out of state bank and the creditor suing me found out. Luckily, I don't bank there anymore but I am in the process of changing my direct deposit for right now so that they won't find out where I bank.
     

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