a creditor with a judgment found my bank account and took the money out and i got a notice of it the same day in the mail. too late my account was zero. it was my social security payment which is illegal.
This begs curiosity as to why you would be aware that the creditor attempted to garnish an account where you have no accounts. Prior to serving garnishment of an account, the creditor will need to know that you do have an account or accounts at the bank. This is typically verified by the legal department or a skip tracer. If no account exists, or if there are no funds available to attach, the creditor will be notified, but there is no reason for a bank to notify you if no account exists. If you have no account at a bank, for all intents, you do not exist to the bank.
Yes, it may or may not make an impact on the creditor's decision to pursue litigation, but it can do not harm. In the case of the bank, the bank can be notified that the account holds exempted funds, but it is the decision of the bank whether or not to comply with the judgment writ. If an account is joint or the funds in the account are questionable as to exemption or ownership, the bank generally request the court to 'freeze' the account and make rule on the validity of the judgment levy.
Yes, in most cases such such action is possible by a judgment creditor.
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.
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.
They creditor is filing to ask the court to issue an attachment against your bank account. This is done by court order. You have the right to be notified and be heard. There are legal steps that can be taken to prevent this action.
Make sure the creditor was notified that their debt was included in and discharged through your bankruptcy. Once notified, they cannot legally update a trade line.
This begs curiosity as to why you would be aware that the creditor attempted to garnish an account where you have no accounts. Prior to serving garnishment of an account, the creditor will need to know that you do have an account or accounts at the bank. This is typically verified by the legal department or a skip tracer. If no account exists, or if there are no funds available to attach, the creditor will be notified, but there is no reason for a bank to notify you if no account exists. If you have no account at a bank, for all intents, you do not exist to the bank.
Liens, in just about every state are for the protection of the creditor, not the debtor. You state laws will define what is expected for all liens that are filed. If you want to check if there are existing liens consult the county's public records.
The debtor would certainly be notified their account is delinquent. Also, the debtor knows when they haven't been paying their bills. The creditor must sue in court and win a judgment. If it wins the court will issue a judgment lien that can be recorded in the land records. The debtor will be notified of the lawsuit and must appear at the hearing or the creditor will win by default. It is better to negotiate a payment plan, if possible.
Yes. A creditor can not just simply walk into a bank and demand your money. Only a court can have a creditor take money from your bank account. Actually, the court would probably order the bank to pay a certain amount to the creditor from your account rather than give the creditor the right to take money out of your account. A supreme court decision stopped that racket in Arizona.
can you keep a creditor from finding your account
A creditor can put an attachment on a joint savings or checking account in NY. When an account is held jointly with another individual, the creditor does not know who contributes more to the account and secures the account as an asset.
Yes it will send an email to alert the owner of the account.
If you are a joint account holder you can still use the card. The creditor should be notified of the death of the other account holder. They may simply remove the person from the account or require you to open a new account in your name. However, if you are the joint holder you are responsible for the entire amount owed on the account.
yes, i creditor can garnish a bank account to $0 regardless of where the funds in the account came from
Yes, it may or may not make an impact on the creditor's decision to pursue litigation, but it can do not harm. In the case of the bank, the bank can be notified that the account holds exempted funds, but it is the decision of the bank whether or not to comply with the judgment writ. If an account is joint or the funds in the account are questionable as to exemption or ownership, the bank generally request the court to 'freeze' the account and make rule on the validity of the judgment levy.