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Bank garnishment question.

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  • Bank garnishment question.

    Ok I am guessing since I have never seen this discussed before Account garnishment is based on the state you are in and not the bank. IE, If I went and created a checking account in a bank that is only in Texas (A state that doesn't allow bank garnishment) and had my direct deposits placed in that account, They could still reach it? Anyone have any insight?
    Chapter 7
    Filed, 12/21/2010
    Discharged, 03/30/2011

  • #2
    Originally posted by etechjc View Post
    Ok I am guessing since I have never seen this discussed before Account garnishment is based on the state you are in and not the bank. IE, If I went and created a checking account in a bank that is only in Texas (A state that doesn't allow bank garnishment) and had my direct deposits placed in that account, They could still reach it? Anyone have any insight?
    I thought only wage garnishment was off limits in Texas?

    And some nationwide banks would probably honor a garnishment if it was placed in another state.

    If the bank pulls your credit report when they open your new account, you might as well ring the dinner bell for the creditors.

    If they can find it, they will go after it.

    Checking accounts are not safe once you get a judgment against you.

    You're better off using cash, money orders, and pre-paid visa debit cards like the wal-mart money card.
    The world's simplest C & D Letter:
    "I demand that you cease and desist from any communication with me."
    Notice that I never actually mention or acknowledge the debt in my letter.

    Comment


    • #3
      Wages are off limits in Texas. Bank accounts are fair game. Proceed at your own peril.

      And I discovered that the ChexSystems listed my newest account but not the five others I have. I can move money at will lol.
      First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

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      • #4
        Originally posted by etechjc View Post
        Ok I am guessing since I have never seen this discussed before Account garnishment is based on the state you are in and not the bank. IE, If I went and created a checking account in a bank that is only in Texas (A state that doesn't allow bank garnishment) and had my direct deposits placed in that account, They could still reach it? Anyone have any insight?
        ALL states (with the possible exception of Delaware-only in-state banks) allow bank account garnishments. You do not have to live in the state to have your account garnished.

        If you open an out-of-state bank account it will only slow your creditors down after they get a judgment against you. They first get a judgment in your county of residence, and then must transfer the judgment to the state and county court where you have your bank account. This process is called domestication of the judgment, using the "sister state" constitutional rules that apply to all states. Any law firm can handle a judgment domestication to another state where your assets are, if the costs justify their effort.

        The judgment exemption rules of the state where your bank account is held apply - which may be of some use if your funds are exempt.

        You can read more about sister-state judgments here:

        http://bankruptcy-law.freeadvice.com...e_judgment.htm
        “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

        Comment


        • #5
          Originally posted by etechjc View Post
          Ok I am guessing since I have never seen this discussed before Account garnishment is based on the state you are in and not the bank. IE, If I went and created a checking account in a bank that is only in Texas (A state that doesn't allow bank garnishment) and had my direct deposits placed in that account, They could still reach it? Anyone have any insight?
          Better get a TX street address and driver's license...and be able to prove you are a resident (i.e., house phone bill, electric bill, pay stub with your address, etc.).
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

          Comment


          • #6
            Originally posted by Flamingo View Post
            Better get a TX street address and driver's license...and be able to prove you are a resident (i.e., house phone bill, electric bill, pay stub with your address, etc.).
            He is not trying to avoid a wage garnishment. All his income is SSI and SSDI, which is already exempt from judgment. He can open an account in a Texas bank without living there and handle it online - but there is no real advantage to doing that.

            Is sounds like he is trying to save money to buy a new truck now and then and is looking for a safe bank account to keep the money. Since his income is exempt, many states allow exemptions for cash in an exempt bank account. In Oregon, you can keep up to $7,500 in a bank account if the funds are from an exempt source.
            “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

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            • #7
              actually have the new truck, Don't want another one I was just concerned about Illegal account garnishments if it got that far. I have read a few folks who had exempt income and still got there account garnished then had to fight to get it back. My thought was to keep that from happening. I unfortunatly need an account to pay the mortgage and car, Since They don't accept cash. Oh, well it was just a thought.

              Anyways, I am probably getting way ahead of myself since I am only 14 days past due currently.
              Chapter 7
              Filed, 12/21/2010
              Discharged, 03/30/2011

              Comment


              • #8
                There is nothing wrong with being proactive. The walmart money card is a pretty good deal. In addition, I have discovered there are many big banks that will allow just about anyone to buy a $1500+ "gift" visa card. These might be reasonable instruments to store money on. I'm not sure of the fees.

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                • #9
                  Originally posted by etechjc View Post
                  actually have the new truck, Don't want another one I was just concerned about Illegal account garnishments if it got that far. I have read a few folks who had exempt income and still got there account garnished then had to fight to get it back. My thought was to keep that from happening. I unfortunatly need an account to pay the mortgage and car, Since They don't accept cash. Oh, well it was just a thought.

                  Anyways, I am probably getting way ahead of myself since I am only 14 days past due currently.
                  Yeah, with the Wal-Mart money card, you can pay the mortgage and car payments online. Or you can simply use money orders to pay them.

                  If the money is from an exempt source like SS, you might ask SS for a debit card....

                  http://www.usdirectexpress.com/edcfdtclient/index.html (this one might have a fee)

                  Or contact Social Security directly for more information about it. I think SS offers one for free.
                  The world's simplest C & D Letter:
                  "I demand that you cease and desist from any communication with me."
                  Notice that I never actually mention or acknowledge the debt in my letter.

                  Comment


                  • #10
                    Just today at the store I saw the visa cards that you can put money on to pay bills or use as a debit card. They were $4.95 to activate. You take the card to the cashier, along with with cash you want to add to the card. She activates it and you're good to go.
                    Retained atty 3/2010. Filed Chapter 13 on 1/2013.

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