I realize that to garnish a bank account, there must be a judgment agains a debtor, but if a creditor has a bank account number and has not obtained a judgment yet, can they physically take money from your account? I understand they dont have the right but is it possible for them to actually take money form the account? ANd in case that happens, what recourse do I have? Can I sue?
A creditor can't just approach your bank and request $$. They must present something legal to take the $$. This is just common sense. Is there something that leads you to think that the creditor can do this to you? Were you threatened or what??
There is a possibility that a landlord would be going after me for damages to the apt. THey claim fire that started due to my negligence, and the water sprinkler, caused 4 apartments to get flooded. Talking about 35K damage. Noone has threatened yet, but i wanted to make myself as judgment proof as possible, but i am assuming until they get a judgment, legally they are not supposed to draw any money from my acct.
I have a direct deposit in my bank account, and afraid that if they get a garnishment order, they will determine the days when payroll check gets deposited and will take it away Is there a way to prevent this? Is it possible to leave a 100 dollar balance to keep the account open, and then take my payroll check there and cash it through my account, without depositing it? I work for BoA and bank with BoA, wanted to know if i could just cash those payroll checks thru my acct. Any experiences similar to this? Wage garnishment is illegal in NC, where i reside, but i was told once wages get deposited in the acct, they can be taken. And also, when garnishment is served on the bank, does it apply to funds available at the moment, or anything that might come in the bank at later dates? thanks
Re: Re: Bank Account question djg77, I've followed and contributed to your other thread regarding the shirt fire and water sprinkler damage and the $100k insurance deductible which is unheard of. Not to be judgmental, but you seem to be getting yourself all worked up over something which hasn't happened yet. I mentioned in the other thread that we could go on and on and on speculating about all the "what ifs". The same thing is happening here in this thread. I assume that you paid your rent by check. Sure, the landlord has your checking account info, but that doesn't mean that the landlord can just go in and remove funds to cover damages (and you work for a bank???). That kind of action is ILLEGAL. PERIOD. The best way to prevent a garnishment is to make sure it never gets to that point in the first place. First, the landlord would need to be awarded a judgment. That can only happen in court. And this is exactly where the "prevention" comes in. You need to be MUCH more concerned about fighting the case, should it ever go to court, and WINNING. Get yourself a good lawyer. Sure, it's gonna cost some $$$. Let the lawyer worry about winning the case, and in the meantime, lighten up!
Re: Re: Bank Account question Hey, I agree with you. I might be taking this to an extreme, but I am the kind of person who would rather be safe, than sorry. I have heard stories, how people have walked into their branches and found that their accounts were frozen. I just wanted to take that extra step to prevent such a thing, even though it is unlikely to happen. I have 4 dependents, and the last thing I want is some rich company who owns 24 buildings, come after my hard earned money.
Re: Re: Re: Bank Account question That's where the lawyer comes in. Take a pro-active, pre-emptive approach to the situation. Do it today, and stop worrying!
Re: Re: Re: Bank Account question I agree. If all you've done is write checks, there would be nothing giving them permission, absent a court order. I'd get a lawyer involved. At this point, if they go after your money, you SUE THEM!!
Re: Re: Re: Bank Account question THanks for the reply. At this point my lawyer wrote them a letter, and I moved away to another apt. My guess is if there is some kind of correspondence, it will be directed towards my lawyer. I did give them my forwarding address, should they decidedto serve me improperly to my old address.
