Can a creditor get your chk acct garnished w/out serving you first?

[HHM]

I think you will find this is one of the most user friendly forums on the net. Most forums are far more hostile. For example, no one flames people for vague thread titles, (i.e. I have a question, or Please Help). Trust me, you post a thread with a title like that on other forums, it becomes an all out flame fest.

But at the same time, it is not too much to ask that members not repetitively ask the same question and to take a little responsibility to read the responses and try to understand them. It's one thing to ask for clarifications, but to keep asking the same basic question in different ways when the responses are the same each time, is somewhat discourteous to the other members of this forum who make an effort to read all the posts and respond.

[leo_075]

Then why not not answer questions if it seems discourteous? I just think that if you're new to bk and petrified and coming here for help that people should also be more sympathetic....I doubt anyone on here is a lawyer and knows all the answers, why should people coming here to seek help have to understand everything completely. I would think that a.fla simply asking that if her husband changing jobs would affect anthing differently is a justifiable question. I would wonder the same thing myself....I'm not a bankruptcy expert, laws are different in every state, so to me, being newer myself, it just doesn't seem like a repetitive question...but if it were, then I'd understand your reply.

[keepmine]

Then why not not answer questions if it seems discourteous? I just think that if you're new to bk and petrified and coming here for help that people should also be more sympathetic....I doubt anyone on here is a lawyer and knows all the answers, why should people coming here to seek help have to understand everything completely. I would think that a.fla simply asking that if her husband changing jobs would affect anthing differently is a justifiable question. I would wonder the same thing myself....I'm not a bankruptcy expert, laws are different in every state, so to me, being newer myself, it just doesn't seem like a repetitive question...but if it were, then I'd understand your reply.

This is by far and away, the best bk forum on the net. People are helpful and sympathic. Probably 99% of us have been through the collection and bk wars and if we didn't want to help, we sure wouldn't be here.
Sometimes, people just need to stop and think and use some common sense. The OP is filing bk. They have no assets. What possible difference could the lack of employment make to any of the answers? So you get sued and a judgment returned. Big deal-the judgment just gets discharged in bk along with everything else.

[HHM]

Note, the question was

My husband is changing jobs and Friday is his last day. He won't be starting a new one for probably 2-3 weeks. Can a credit card company get the money straight out of our checking account that's not related to a credit card?...

The "consistent" answer is, a creditor with a judgment can always hit a bank account if the bank account is in the defendant's name. Note, that is the essentially the same question a.fla asked in the post that started this thread.

[leo_075]

What possible difference could the lack of employment make to any of the answers?

Do you really think that someone would ask this question if they didn't know the answer? Seriously, use your common sense. Yes, this is a friendly forum, but why are you two so annoyed that a.fla asked a question she obviously didn't know the answer to? Apparently she has it now thanks to you two! I don't know why this thread ticked me off so bad other than I understand the panic that most of us go through and just think it's ridiculous how far this thread was taken and why keepmine and HHM made it such a big deal to ask a question even if it sounded repetitive...sounds like you're on here to help unless you ask the same question - reworded??? It comes down to I highly doubt a.fla would have nothing better to do than ask you guys to repeat an answer.....

[a.fla]

Um, wow! Yes, I do have better things to do than repeat questions on here. I'm in the middle of bankruptcy and moving to a state 2,300 miles away in a few days, forgive me if I didn't use my "common sense" and asked such a moronic question about the job change. I come here for help. If I repeated a question, it wasn't to intentionally make you count how many posts I've asked a similar questions about. And thanks leo75.

[magyar123]

HHM - I understand your comments about repetitive questions/issues, but please remember that these questions/issues are asked in regards to where posters live. The USA is made up of 50 states - with each state having different laws/regulations. Examples: SOLs, median incomes, differences in garnishment laws, community property stateness, exemptions, etc.
The only thing we have in common are the new laws - bought and paid for by Bush's big business cronies.

[SinkingFast]

It's not a big deal that the question was asked again, Leo.

Just with new information,........... The answer isn't as easy and straightforward as many of us lay people might think.

Different States do things differently. Have different Laws. There are many variables to getting a Judgment depending on the State.

Then, add to the mix that a.fla is moving to a new State. That means if the Creditor gets a Judgment in the Old State, they'll have to "transfer" the Judgment from one State to another, "domesticate" it as Keep said,........... OR go thru the whole Law Suit process again in the New State.

HHM wasn't jumping on anyone. Keep in mind,........ We aren't face to face to get the nuances of body language and facial expressions. HHM's posts have been in keeping with HHM's style of answering any question asked on the Forum.

HHM was just trying to explain a very complicated issue as succinctly as possible. Without getting into the specifics of the Law because the Laws vary from State to State.

Some questions,............. We can give folks a general idea of what to expect. Specifics of any given situation may vary depending on different State's Laws.

The question has been asked and answered.

This thread is now Closed for further discussion.