How do you avoid garnishment of your bank account?

Submitted by Anonymous (not verified) on Mon, 11/30/2009 - 23:41
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My husband's bank account was garnished for a debt AND his whole pension was taken for the entire month. Is this just the end? How can the bank allow this to happen? Is it because of a court order or something? We are devastated. No money left. Mortgage is due in addition to other bills.

Hi Guest,

Pension money deposited in a bank can be garnished by a creditor unless it is a Social Security income. It can be garnished by the creditor unless the debt amount is satisfied. The bank cannot do anything because a garnishment cannot take place without a court order. Your creditor must have got a judgment against you; hence he can garnish your income and put a lien on your property.

The only way now is to get your pension income through some other means like cheque or money order. If the money is deposited in the bank, then it will be liable for garnishment.

Tue, 12/01/2009 - 05:42 Permalink

Hello Guest, You should check and see if their was a court order issued against you or your husband. You can check this by calling the courthouse where you believe the judgment was issued. One other thing you need to ask the bank if it the money was actually taken due to a garnishment. A person I know had a creditor go into their account and take money WITHOUT a judgment, which is not legal. If this has happened you cna file a complaint with the bank and they can gtg you your money back in a week or two..ONLY if there wa no actual garnishment.

Tue, 12/01/2009 - 16:23 Permalink