What would you like to do?
In Florida can your bank account or wages be garnished due to a credit card judgment?
Florida Statutes, chapter 77 outlines very strict procedures for garnishment. Florida Statutes �222.11 offers a significant exemption to wage garnishment known as the "head of family" exemption. Effective July 1, 2001, the judgment creditor is required to serve a notice of rights to the defendant upon receipt of the employees answer with a form for the defendant to fill out to claim exemptions. Forida law does allow for bank account levies.
2 people found this useful
Was this answer useful?
Thanks for the feedback!
Florida allows wage garnishment. The basics are, income earned by the head of household (single w/dependants or married)is totally exempt. If there are two incomes and joint …marital debt the person with the lowest income can be subject to wage garnishment.
In the state of South Carolina can your wages be garnished or bank accounts frozen for a judgment from a creditor?
Answer NO. In S.C. they can not garnish your wages if you have a judgement of a lien. It will go on your credit report, but no garnishments.
Can credit card companies in the state of Florida garnish your pension and social security that are automatically deposited into a bank account if there is no other income?
Answer No, pensions and SS benefits are exempt from creditor garnishment. It is important that benefits are not commingled with any other funds. This needs… to be done to prevent the possibility of the account being frozen until the court rules on what portion of the funds is exempt from creditor action.
Filing bankruptcy can stop a garnishment immediately. If all funds that have been garnished have been properly exempted, the garnished funds can even be returned to the …debtor. When a bankruptcy is filed, a special provision of the bankruptcy code kicks in and stops all creditor action to collect a debt. The special provision of the bankruptcy code is Section 362 and is called "the Automatic Stay". The Automatic Stay is a court order to all creditors to stop collecting debts immediately. When a paycheck or bank account is garnished, money is taken from the paycheck or other account and held until a certain time when the money is supposed to be delivered to court and turned over to the creditor. The date that the creditor is supposed to pick up the garnished funds in court is often called "the return date". If a bankruptcy is filed before the return date set for the garnishment, the garnishment is immediately stopped and the creditor cannot continue to collect the debt through the garnishment method. However, understand that the debt the garnishment is paying isn't extinguished or reduced...it will be resolved in the BK. The above probably won't apply to child support or such...which rightfully gets no breaks.
no it cannot bc you have to have one for each country/city....................................... sometimes
In the state of North Carolina can your wages be garnished or bank accounts frozen for a judgment from a creditor.?
No, not usually. The exceptions are child support, taxes, fines imposed by a state agency, and federal student loans. Another exception is that if a creditor gets a garnishm…ent order against your employer in another state, then that order is recognized in North Carolina. However, under the Fair Debt Collection Practices Act, their attorneys can only sue you in either the state where you signed the contract or the state where you live. As for the bank accounts, they can be seized, however, this is subject to limitation. Creditors must send out a Notice of Rights to the debtor which includes a Motion to Claim Exempt Property before they can execute on a judgment and seize a bank account. The debtor can claim the bank account as exempt if it contains less than a certain amount of property. Even if it is not claimed as exempt, wages in North Carolina earned within the past 60 days are not subject to execution, nor are certain federal benefits. Also, property of a spouse cannot be taken to satisfy a judgment against a defendant if the judgment is not also against the spouse. Still, creditors frequently seize first and ask questions later. Most people don't do anything about even an illegal seizure because they believe they cannot afford an attorney. The truth is that if the seizure is illegal, the law requires the creditors to return the money AND pay the debtor's attorney fees. If your bank account has been seized, contact an attorney to know your rights.
Answer Yes, Nevada laws pertaining to bank acccount levy and garnishment are rather liberal. Nevada allows th maximum garnishment of 25% of disposable wages… with the first $154.50 weekly income being exempt. Garnishment amounts generally at the discretion of the judge as to exact percentage amounts. Bank levy can be executed though an account is held jointly. If it is a marital account because Nevada is a community property state, the entire amount is subject to seizure. The account can be levied only one time, further action will have to be filed again and granted by the court. If the account is held jointly by persons who are not married, the account will be "frozen" and the non-debtor account holder must submit proof to the amount of funds belonging them.
If wage garnishment is in place by the IRS can another creditor with a judgment levy my bank account?
Yes, the debtor's bank account could still be subjected to levy by a judgment creditor. Garnishments and levies must run consecutively, meaning that there cannot be multi…ple creditors enforcing judgments at the same time in the same manner.
A creditor can not garnish your wages without a court order. Actually, the only thing they CAN do is to take you to court, which is a possibility. However, without such action…, there is nothing they can do to you outside of calling you and writing you in an attempt to collect on the debt. Wage garnishment laws vary state to state although there are federal guidelines. You need to speak with a lawyer if this is a concern. In general, most states do not allow wage garnishment for credit card debt. Edit/Correction: Most states DO permit wage garnishment assignment for an unsecured debt such as a credit card. Check your state laws for up-to-date information. There are only four states that do not allow wage garnishment for credito debt, they are North and South Carolina, Pennsylvania and Texas. If a creditor has a judgment, then a lawsuit has been filed and the plaintiff/creditor won the suit and received a writ of judgment. Garnishment of wages or levy of bank accounts cannot be done arbitrarily by a creditor, they must follow due process even if it involves arbitration proceedings. Banks cannot release funds to a creditor for repayment of debt w/o a valid court order allowing the action. Only after they have gone through the process of taking you to court suing you, winning the suit, and then applying for a garnishment order. All of this takes time and oney. They can sue you in small claims court, depending on the amount you owe and your state. It is always best to try and reach an agreement with the company before it reaches litigation. May be I think. -------------------- Debt Management
Credit card companies can't just seize people's money, but they can file a lawsuit to recover unpaid debts, and if a court orders it, money can then be seized.
There are no states that do. This is a matter for a federal judge since it deals with banks and debits. The credit card company would have to secure a judgment against you in …a state court and request a lean against your tax returns or employment garnishments before they can take your bank accounts. Contact an attorney, he may be able to protect your from any garnishments.
A single creditor can only execute a judgment in one manner, that being the case a judgment creditor cannot concurrently garnish income and levy the bank account of a judgment… debtor.
How can you collect on civil judgments in North Carolina if you can not attach bank accounts or garnish wages?
Answer It may be possible to place a lien against real property owned by the judgment debtor. In most states concerning a small claims judgment property lie…ns are not allowed and the plaintiff would have to file a lawsuit in circuit court to obtain another judgment writ that could be executed as a property lien. The inability for a creditor/lender to enforce a judgment is quite common, a fact many winning plaintiffs do not discover until even more money is lost on litigation. Before pursuing litigation it would be in the best interest of the lender to discover if a judgment could be executed in a timely and productive manner, or enforced at all. Almost 90% of debtor/defendants are considered "judgment proof" when it involves creditor lawsuits.
In general no, as long as the person is the primary wage earner. Funds in bank accounts are exempted for six months from levy as long as they are from earned wages. FL.law is… complicated when it comes to wage garnishment issues. Therefore almost any wage garnishment attempt can be appealed and be dismissed. The exception is court ordered child support, spousal maintenance and in some cases federal student loans.
Answer A garnishment is not a credit issue it is a public record to get the judment on ones credit it needs to be Docketed for a fee that can be done at the… court house you filed in. You need to File a garnishment order to garnish the wages. That is usally very expensive. Be prepared to fork it out.
If a credit card company is suing you will you have the chance to go to court before a judgment or any bank account freezes or wage garnishments?
Answer The debtor will either be served with a summons to appear in the circuit court in the county of residence. If the debtor/defendant does not appear at the a…ssigned court date the creditor/plaintiff will win the case by default and a judgment will be entered against the defendant. In some states a notice to respond will be sent to the debtor before the actual lawsuit summons. This is a court issued document that basically asks the debtor if they have a valid defense. Please be advised, the law does not consider the inability to pay for whatever reason (loss of employment, divorce, illness, etc.) to be a viable defense in such litigation. A creditor cannot garnish wages, levy bank accounts or attach in any manner property belonging to the debtor until due process has been followed. All states have a set of exemptions that can be used to protect specific types and amounts of real and personal property from judgment action.
I'm sure the law must be the same for ss in every state. No !!! your social security can not be garnished by anyone but the United States Government. Period. The creditor can …get a judgment and put a hold on your acct in an attempt to garnish it. Stay calm and work with your bank. I had mine settled in a day. There is a form for you to check off informing the court that you truly do only have Social Security Deposits in the bank and no other income. If your bank is as good as mine they will walk you right through it. I am in the state of Oklahoma