I got a letter in the mail saying that a collection agency has garnished my bank account. But, I have a few questions. First, and the most questionable one, is that they took all the money from my 7 year old and 8 year old bank accounts. Is this legal? Yes, our names are on there, as they are under 18. But, they have no legal obligation for any debt... Which brings me to my next question. I was never told of any garnishment, judgement, or anything. I checked my credit reports (all of mine and my wife's). Nothing from this company. Shouldn't I have at least gotten a letter from them saying I owe them money... This is sick when they can steal from a 7 and 8 year old. Just disgusting. I'm calling the bank on Monday to see what they can do. I thought banks were a safe place to put my money. And my kids have been so proud to save their money in there. I don't have a clue as to what or why the money was garnished or even to whom it was owed to. Do I have any options to get my kids money back? Since they are so young, and it was not my money. Thanks. Dustin
Sorry - your minor kids are not account holders - you/and, or your wife are, or whoever went to the bank and signed the paperwork and gave the bank an SS number. Any account that contains your SS # is ripe for the taking. As far as the bank levy is concerned you probably ignored, or never received any notifications from the CA to pay your bill and they ran to court and got a default judgement against you.
You need to get a copy of the garnishment order. Then go to the court where the order was issued and get a copy of the file. See if the service was proper. Then we can see what the real story is.
in the first place, have you any idea why you have been sent a garnishment order? are they going to withhold all or part of the money in your (or your kids) bank account? also, i agree with hedwig, i think that you have to get to the bottom of this, know what is really going on...
HIre an attorney. You should be able to find one to take your case for a reasonable amount. Usually when your bank account is seized, the party doesn't actually get the money for 30 days. It's just "held up" in a court fund somewhere. At least that's what happened to me. I hired an attorney right after I got the notice that my bank account was seized. It's been a couple of months but my attorney assures me I will most likely be able to get my money back. (I guess I'll believe it when I see it!) So I'm just waiting in limbo but hoping for the best. My attorney fee was a flat rate of $750. Don't know if this helps or not, but I know it is a sick feeling to have this happen to you.
The court sent me some papers that I can fill out that should get my money back... I'm not worried about my money, mostly my kids. Although, getting mine back would be fine, too! Apperently, a judgement was filed against me in 2001, and this is them getting their money from it. Great. At least it isn't on my credit report, though. But, I was able to talk to the CA, and she said she just guesses on which bank that you use and goes for it. Sometimes it works, sometimes it doesn't. She was pretty heartless. But, if I do have a judgement against me (I've sent for validation and proof of serving the papers, etc.), and I set up a payment plan, can they start putting that on my credit report, and saying that it is new (which will hurt my credit)? Thanks for your help! This is about the only thing that I'm worried about on my credit. I'm actually on track and cleaning up my credit report, and rebuilding. I'm not doing too bad... Until this came up!
How much did they take? Weird to me that your lawyer did not get them to credit your account right back? Is your account closed now or frozen? I would call your lawyer again and nudge him a bit as you should have gotten back your money after several months. I feel it should be no longer than 20 day max. What state are you in? Woofer
It's state dependant. Here in KS any account that your name is on, regardless of who is else is on it, providing the funds aren't exempt as SSI or Disability or a Pension, etc., the bank is under a court order to seize all accounts/all funds. If there is anything that is exempt, such as the above, it's the account holders responsibility to prove those funds are exempt, by either faxing in a statement to the creditor's attorney or via a dispute hearing.
