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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
What else can I help you with?
How is a checking account different than a savings account?
A checking account is typically used for the active transfer of money, whether this is money going in (as in a paycheck) or coming out (withdrawals, purchases). Meanwhile, Savings accounts are typically used for putting money in without necessarily withdrawing money out. Savings accounts pay you interest, while few checking accounts give anything at all- in fact, many checking accounts charge a monthly maintenance fee just to use them. Of course, withdrawals and transfers from a savings account are limited by law, while checking accounts have no restrictions on the number or types of transactions.
Can they freeze your bank account for credit card debt in New Jersey?
Only a court of law by issuance of a Order of Garnishment or Levy can freeze a bank account. Any credit card company or debt collector making such threats are breaking the law, and you're entitled to damanges for their actions. I would google "FDCPA attorney new jersey" and get paid! I have no respect for a collector or agency that breaks the laws and lies to debtors!
Will a wage garnishment affect a tax refund?
It depends on who garnished your wages to begin with. If it was the taxing authority, your state Dept. of Tax, or the IRS, yes the garnishment will include your tax refunds, if the Agent you're dealing with knows what he's doing. Only the government or a judicial court can take a tax refund away from you. If it is a wage garnishment by any authority it will not effect the tax refund. That isn't to say tax authorities won't take the refund...they will (actually, well before they even bother coming after wages). But they do that under a process/law I believe normally called claim of right or offset, not the wage garnishment. Wage garnishment are directed at a specific employer and payroll.
Can a law firm withdraw money from a person's account without their permission?
No. Nobody can do that unless they have a cheque signed by the account holder.
How do you get a claim of exemption from garnishment?
To obtain a claim of exemption from garnishment, you typically need to file a motion or claim with the court that issued the garnishment order. This process often involves providing documentation that demonstrates your financial hardship or that the funds being garnished are exempt under state or federal law, such as certain types of income or benefits. It's essential to adhere to the specific procedures and deadlines set by the court, which may include a hearing where you can present your case. Consulting with a legal professional can also help ensure that you navigate the process correctly.
Does Arkansas law allow checking account garnishment?
Yes, they do. Unfortunately, they will take every penny that is in your account, and they won't tell you before they do it either. All they have to have is a judgement against you. I was falsely informed that if my husband's name was on the account that they couldn't take money from the account, but that wasn't true either. They can garnish any account with your name on it, or with you as a co-signer. The smart thing to do is to take your money from the account and have your pay deposited into an account that doesn't have your name on it...someone you trust like your spouse or parents or child. They can garnish your pay as well, but only 25%.
Do you have to be 18 to have a checking account?
Yes it is required by law that you are 18+ to have a checking account.
Can you have 300 dollars with out a checking account?
Of course, there isn't a law that says that you need a checking account to posses money.
What is the law on garnishment in Connecticut?
What is Connecticuts law of garnishment on businuss lines of credit?
What are state law's on minors?
opening a checking account in nj
How can you have a bank account frozen?
You can have a bank account frozen by going to an attorney or before a court of law and receiving a garnishment or judgment. If you receive a judgment, it is not enough, you have to have an order to freeze a bank account.
Can wages be garnished in Pennsylvania?
State law does not allow wage garnishment for creditor debt. It does allow garnishment for child support, spousal maintenance (alimony), federal and/or state taxes; and in some instances judgments pertaining to personal injury and/or property damage.
Can a credit card company garnish your wages in North Carolina?
No, N.C. law does not allow wage garnishment when it pertains to credit card debt.
Garnishment in Oklahoma?
Garnishment in Oklahoma is a legal process that allows creditors to collect debts by seizing a debtor's wages or bank account funds. To initiate garnishment, a creditor must obtain a court judgment and then file a garnishment action with the court. The debtor is typically notified and has the opportunity to contest the garnishment. Oklahoma law provides certain exemptions and limits on the amount that can be garnished, protecting a portion of a debtor's income from being seized.
Does Florida state law allow garnishment of wages by creditors and if so what is the maximum garnishment?
At present four U.S. states - North Carolina, Pennsylvania, South Carolina and Texas - do not allow wage garnishment at all except for debts related to taxes, child support, federally guaranteed student loans, and court-ordered fines or restitution for a crime the debtor committed. Normally the maximum is 25% of wages.
Does Texas law allow judgments by the courts to garnish wages for credit card debt?
Yes, Texas allows garnishment of wages for credit card debit
Does new york allow garnishment of wages?
The law allows only one garnishment procedure at a time, they are taken in priority; for example a wage garnishment for child support would supercede a garnishment for credit card debt. The maximum for creditor debt in N.Y. is 10% of gross income (income before any deductions). The maximum for child support is 25% of disposable income (income left after state and federal taxes, social security, medicare, pension, etc.) When pertaining to garnishment by creditor lawsuits the law allows the state percentage to be used if it is lower than the federal amount. Pursuant to federal law, the first $154.50 of weekly income is exempt from garnishment.
