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Do you have any recourse against a creditor who garnished your bank account twice even though the court order was for a single garnishment?
Wiki User
∙ 11y ago
The first thing the garnishee should do is determine if it was a wrongful garnishment. In general garnishment writs can be renewed every thirty days. The purpose being the garnisher is legally allowed to recover all the monies owed even if it requires multiple garnishment action. The creditor/garnisher does not need to repeat the entire court procedure each time, but can refile the original garnishment order with the court and then activate it.
If the order was for a single garnishment and the garnisher executed it multiple times, the garnisher and the bank/financial institution is in error and the funds seized should be reimbursed to the account holder/garnishee. However, to accomplish this the garnishee has to file suit with the court and provide documentation that such a thing occurred.
Wiki User
∙ 11y ago
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Can your checking account and wages be garnished at the same time?
Not for the same debt, but a wage garnishment can be implemented by one judgment creditor and a bank account levy by an additional judgment creditor.
In New Jersey can your wages be garnished for unpaid credit card debt?
Yes, if the creditor wins a lawsuit against the debtor, the creditor will receive a judgment and the judgment can be executed as a wage garnishment or bank account levy or other remedies allowed under the laws of the state.
Can a creditor garnishment my bank account when all the money in it is Federal annuity?
yes, i creditor can garnish a bank account to $0 regardless of where the funds in the account came from
Can wages be garnished for a repossession in Texas?
Texas law only allows wage garnishment when the judgment creditor does not have other means for collecting the debt owed. If the debtor has a bank account or non exempt property that can be levied, seized or a lien placed by a judgment, wage garnishment is not allowed.
Can a person's wages or bank account be garnished for credit card debt in Texas?
The creditor would need to obtain a lawsuit judgment from the Texas court before wage garnishment would be allowed. Texas only allows garnishment of wages when there are no other means for a judgment creditor to collect a debt owed. If a judgment has already been entered against the debtor in a different state, the judgment creditor can place a "foreign" judgment lien against property owned by the debtor.
How long does it take when you file a motion for garnishment?
after filing a motion of denying the judgement on garnished bank account: how long will it take to release bank garnishment
Can joint checking accounts be garnished for credit card debt in Maryland?
It depends on who the garnisment order is against and how it is written. A joint account where only one person is the debtor can be garnished under certain circumstances. The difficulty in figuring out your situation, is not knowing where you reside. Each state legislates its own laws for garnishment of wages and bank accounts. If you live in a community property state, such as CA. and have a joint marital bank account, it can be garnished.
What percentage of wages can be garnished in Texas?
Texas does not allow wage garnishment for creditor debt unless the judgment holder has not other means of collecting monies owed. If the judgment debtor owns real property or has a bank account that is subject to levy or holds other funds, investments, etc. that can be seized and liquidated wage garnishment is not allowed. Please be advised, when wages are deposited in a bank account they are no longer considered exempt from creditor judgment, even if the account is jointly held.
Does filing bankruptcy stop garnishment of wages due to judgment on credit card debt?
Filing bankruptcy can stop a garnishment immediately. Ifall 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.
Does pa law allow checking account garnishment?
Yes, it does. A garnishment can occur only where the creditor has obtained a judgment against you in a court of law. After the judgment is entered, the creditor can garnish your bank account if it knows where you bank. There are some exceptions to this, in that bank account that is jointly owned by husband and wife cannot be garnished, unless the judgment is against both spouses. The second exception is where the funds in the account are traceable to Social Security benefits. For more answers to similar questions on PA laws, please visit my website at www.gregartim.com
Are there garnish bank accounts in South Carolina?
Yes, a creditor can garnish a bank account in South Carolina. The creditor will have to obtain a judgment from a court before a bank account can be garnished.
Will bankruptcy prevent wage garnishment?
Depending on what the date is that the bankruptcy was filed would depend on if you can be garnished... not to mention there is an entire process that has to be done before a garnishment can be implemented. First the creditor would have to prove deliquency on bill ( which isn't hard) Secondly said account must be within the state statute of limitations ( varies state to state ) Lastly the creditor would have to have a judgment implemented on the debtor before a writ of garnishment can be implemented. ( Note if the said debt was opened during the course of the Bk then it can also be pursued stat permitting. If the debt was incurred prior to filing BK then no you could not be garnished in any way
