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Can Judgment Creditor Take Bank Account Funds on Hold?

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    Can Judgment Creditor Take Bank Account Funds on Hold?

    If, for example, a car rental company puts a hold on fund in your checking account, can a judgement creditor garnish those funds (if they find the account)?

    #2
    That would be a bank policy. Typically, a hold would preclude withdrawal of that money as it is tentatively for a merchant. For specific rules, you should contact your bank.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Originally posted by justbroke View Post
      That would be a bank policy. Typically, a hold would preclude withdrawal of that money as it is tentatively for a merchant. For specific rules, you should contact your bank.
      I had already contacted the bank before I posted. One bank said they don't know and another bank said to contact an attorney. I contacted an attorney and spoke to a junior attorney and she said she "thinks" that the judgement would take precedence, meaning anyone with a court order could take the funds over and above the hold on the funds. In other words, I couldn't get a straight answer.

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