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Garnishment


holl05
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I recently had a collection company (which is a attorney) garnish my checking account. This is for an unsecured credit card and we have been making payment as arranged, we missed once in 1/04 with permission (that person is now retired). Anyway, without notice they cleared our checking account which is now overdrawn severely. The collection was in my husbands name and the checking account is in both our names, can they just wipe our account clean???? We live in Tennessee any help would be great!!!!

Thanks!

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Your story sounds almost like mine,

I'm sorry to hear that has happen to you. It was only recently that I found this message board, which warned of something like that, happening to me. I had a joint banking account with a friend. Right before the court date, we closed up the joint account and my friend open up her own personal checking account. Now, I have no checking account in my name.

I assumed you did not know this could happen to you. I’m not to sure on what credit card companies are allowed to take. However, I do know after reading this message board that they’ve been known to seize checking acct. that are joints with someone else as long as your name is on it. Your husband should have taken the money and open an acct. in your name only. That way they wouldn’t be able to get the money. I hope there is away you guys can get your money back. Because I know what it’s like to be so broke that you cannot pay for a loaf of bread.

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Another thing, I notice from your post you guys were doing monthly payments to the attorney right. I was also offered something like that as well but declined. If I missed a payment, I would be charged very high interest and he had other outrageous things attached if I missed a payment. Therefore, I didn’t take that offer even though it was tempting.

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Thank you for your post! No I had no idea this could happen, I wish we have never made this deal with the devil! It is just shocking to me that a company can wipe you clean. I feel like they have caused us to break the law because before this happened we wrote checks, since we had no notice and now the money is not there to cover them. Now we have so many overdraft fees it is not funny, if we knew it would have been one thing... our bank got notice and we did not!!! I am still in such shock!

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Hmm... Are you saying that you guys made a deal with the attorney before going to court that your husband would pay monthly? If that happen that way sounds more like what the attorney, I had to deal with wanted to due before we went to court. However, if it happened after court agreement then the attorney was able to get a garnishment anyway. Or, he had some rules attached to the monthly payment you didn't know about. That is why I didn't due monthly after I saw what could happen to me if I missed a payment.

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In my case which is similar to yours. I didn't have a settlement offer to make because I'm flat out broke. So, it's up to the attorney on how he is going to collect the money from me. I really wanted to pay the credit card bill but my current situation does not allow for that to happen. I don't know were he is going to get the money from since I don't have any.

Right now I'm only twenty-two years old and is working on my masters degree. I had planned to pay my credit card company back as soon as I was back on my feet. But, it looks like they couldn't wait for that to happen and have gone after me when I'm flat broke. Oh well! you live and learn I tell you one thing I'm never again getting another discover card. :cry:

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You need to check with your county clerk's office to see if a judgement was filed against you.

One thing you might try, is opening a checking account in your name, but give your husband a power of attorney to it, or ( if the bank allows it) signing privileges. So even if he deposits his money in the account, it will not be obvious to the creditor.

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holl05, are you sure this is a garnishment? Check with the courthouse as well as with your bank. Yhey may have simply done an electronic transfer. If they did an electronic transfer you need to tell your bank you did not authorize it and to reverse it.

The details are the meat of the matter, you may have settled before hand, but was it a stipulated judgement or just an out of court settlement.

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