They garnished my bank account!

[lyncee]

I just got a notice from my bank the Discover garnished my bank account. Due to that fact I now do not have money to pay my mortgage, my property taxes nor can I buy food for my kids. I am in the process of filing bankruptcy but have been putting it off due to not having time to get the paperwork done. Can they take the only money I have to live on? Is there any way to get it back. I only made $13,000 last year and am raising 3 kids - plus, the only reason there was any money in there at all was because I just got my taxes back. Someone please give me good news because I am devastated! Also, can I bankruptcy property taxes owed on my house. In only have about $4,000 equity in the house but due to this situation can't pay my property taxes. Please, help me someone!!!!!

[HHM]

Your going to have to see a local attorney on that question as each State's exemption and collections differ. However, if you can demonstrate that the money that was levied is somehow exempt in part or in all, you can make them give it back.

[HRx]

Can you post specifics about the collection process that the creditor used prior to garnishing money out of your bank account?

[The Big B???]

Not sure if it's possible/legal at this point, but perhaps you can simply close that bank account that is being garnished by Discover and reopen another account at a different bank altogether? Maybe an expert here on the board would know for sure.

Good luck to you.

[rsc008s]

They won't let you close an account with a garnishment but I'd open another account and put one or all your kids names on it as co-owners. They cannot levy a joint account unless they have an order against all owners of the account.

I had a garnishment go on one of my accounts thanks to a judgment from years ago. The bank had taken part of my child support, but hadn't surrendered it. I went in and argued with them until they looked at the past history and saw it was a direct deposit for child support. I got the money back but the bank flat out told me never to use the account again to avoid that happening.

[invest1choice]

What state are you in? Can they do this stuff in South carolina ? I have has many collections in the past and they never bothered me? due to me changeing my phone number and moving.. but my taxes nor my wages were never garnished ,, is this something new they are doing?

[HHM]

What state are you in? Can they do this stuff in South carolina ? I have has many collections in the past and they never bothered me? due to me changeing my phone number and moving.. but my taxes nor my wages were never garnished ,, is this something new they are doing?

No, its nothing new. Its more a matter of the creditors finding out where a person banks. By the time an account goes to suit however, the collection agency or attorney wont have that info and you'd be surprised how difficult it is to find out. (creditors generally don't have a cancelled check handy and your checking/savings accounts are not reported on your credit report), and it costs money to (not much, but some) to send the constable or Sherrif out to garnish a bank account, so attorney's generally will not randomnly hit banks in hopes the debtor bank there.

[edwards2]

My friends had their bank account; checking and small savings account, emptied by Discover two payperiods in a row. My friend's husband had direct deposit but before he could stop it through his company Discover had already gotten their money. To be fair Discover had already gotten a judgement against them and agreed they would be paid when some of my friends' assets were sold. Apparently it was not done in a timely manner so Discover got a court order and took their money. My friends hired a lawyer who managed to stop the bleeding, met the Discover lawyers in court and agreed to a settlement. Ironically, the judge said Discover's interest and penalties were exorbitant and if they were allowed the case would have to go to another court so he disallowed them. They are not making payments to Discover minus some very stiff penalties.

[GoingDown]

They won't let you close an account with a garnishment but I'd open another account and put one or all your kids names on it as co-owners. They cannot levy a joint account unless they have an order against all owners of the account.

I had a garnishment go on one of my accounts thanks to a judgment from years ago. The bank had taken part of my child support, but hadn't surrendered it. I went in and argued with them until they looked at the past history and saw it was a direct deposit for child support. I got the money back but the bank flat out told me never to use the account again to avoid that happening.

That doesn't work. The bank will freeze the account until the matter is determined by a judge, and if you have a judgment against you already, guess who he is going to side with? Judges are very creditor friendly.

People who are facing judgments need to realize that banks are simply not a safe place to put your money.

Start using cash and money orders. It's as simple as that.