Is this legal?

[magyar123]

Can a judgment creditor, who already has a wage execution (which was previously reduced to less than the 10% by law -- and was reduced by Court Order), additionally levy your bank account after your employer has been sending the proper Court Ordered payments to the judgment creditor??

[HHM]

Yes.

Judgment creditors can pursue ALL the various types of collection activity simultaneously.

Depending on your state law, if the money in your bank account is directly traceable to your wages, you can usually use the same garnishment exemption to exempt some of the money in your bank account.

[JRScott]

Sadly it is legal.

I'd check your local state laws as HHM suggests and see if you can exempt it in part or whole.

[cathywhite4495]

Support payments may also be exempted.

[GoingDown]

Why in the world would you still have have money in a checking account after a creditor got a judgment against you?

You might as well ring the dinner bell.

[Bandit]

If you did not have a checking account, could they take it right from your employer and before your paycheck is issued? IOW- your employer would be writing a check to the creditor and deduct it before you get paid?

[HHM]

If you did not have a checking account, could they take it right from your employer and before your paycheck is issued? IOW- your employer would be writing a check to the creditor and deduct it before you get paid?

Yeah, that is called a wage garnishment, but all states put restrictions on how much can actually be garnished (typically 25%)

[treehugger1]

Once you get a judgment (or even think you are getting one) you need to immediately protect what remains of your paycheck after garnishment. While the law generally "protects" exempt wages in bank accounts, the creditor/CA will still attempt to seize the money. It seems the burden of proof is on the consumer to show the bank account money was exempt. What a headache.

[Bandit]

This sounds aweful. I sure don't have 25% left over and would be on the streets if they did that to me.

What a headache.

I got a headache and a stomach ache thinking about it.

[glc4122]

judgement

i have a question about a judgements when you mentioned 25% of pay. if i get paid 2 times per month,will 50% be taken out of my pay for the month? i live in ohio.

[HHM]

The specific garnishments statutes will vary somewhat from state to state.

If a wage is garnished for 25%, then 25% of the amount of each check will be taken.
A loose example, if you are paid $1,500 every two weeks, and a creditor garnishes your wages for 25%, then each pay period, the creditor would receive $375

[treehugger1]

To followup on HHH's reply, I believe some states are 25% after taxes, and some consider the 25% before taxes. Google your state name followed by wage garnishment. There's lot of info out there on the web.