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Bank Account Frozen Please Help


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We received a judgement against us about a year ago. In September we received notice of an oral hearing for Application of Turnover. We took the documents we had and spoke with an attorney. He advised us that we shouldn't worry about it because everything we had was exempt. He told us not to worry about the hearing and advised against filing bankruptcy because we do not have a large amount of debt and everything we have is exempt. Well, fast forward to yesterday, we woke up to find out our checking account had been frozen. My husbands paycheck is directly deposited into the account. All funds in the account are his wages. We returned to the original attorney who told us to take to the bank a form stating that all funds in the account are wages and therefore exempt from siezure. Well, this hasn't worked. We can't do anything. Every penny we had was in this account. My husband doesn't even have gas to get to work....I called the court house and was able to be squeezed into the docket on Monday, but I don't even know what kind of motion I should be filing. If anyone can help....Please..

BTW... We live in Texas.

Thanks in advance

1. Who is suing you?

Southwestern Bell Yellow Pages

2. For how much?

originally $2500.00

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I am with astiman on this one.. I live in a state where garnishment is exempt as well but that doesnt mean WAGES are.. if they are in the bank account they are fair game.. I believe that applies to texas as well... Garnishment in Tx, PA, FL SC and NC... mean they can not attach your wages through your employer.. but I dont know of any bank account exemptions unless you are disability or SS.. i would also call the bank to found out how long in it frozen.. even if they got the money it our state they wont unfreeze for a least ten business days..

If your lawyer said your bank account cant be touched.. I think you got some bad info there...I am not sure what, if any states have exemptions from a bank account being siezed

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So question...I would think that "wages can't be garnished" in TX would mean that they can't go to your employer and have deductions removed from your paycheck prior to you receiving it. Would a bank account fall under the same rule? I would think the majority of persons with bank accounts would only have wage income in them, unless it's social security/disability/welfare income. I don't know.......just putting it out there :D

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So question...I would think that "wages can't be garnished" in TX would mean that they can't go to your employer and have deductions removed from your paycheck prior to you receiving it.

Providing the garnishment order was not issued in another state. If the garnishment order was from another state, TX would allow wage garnishment. Likely NC wages would be subject to garnishment as well under that scenario.

Would a bank account fall under the same rule?

A TX bank account is subject to levy even though it contains wages.

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Providing the garnishment order was not issued in another state. If the garnishment order was from another state, TX would allow wage garnishment. Likely NC wages would be subject to garnishment as well under that scenario.

A TX bank account is subject to levy even though it contains wages.

NC allows garnishment for taxes , child support and thats it.. we however are NOT free of bank garnishment... you can not go to an employer in this state to garnish.. no matter where it was done.. you can however freeze a bank account with no questions asked..

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you can not go to an employer in this state to garnish.. no matter where it was done..

How do you reconcile such a statement in light of a ruling by the US Supreme Court which states:

If the Maryland court had jurisdiction to award it, the judgment is valid and entitled to the same full faith and credit in North Carolina that it has in Maryland as a valid domestic judgment.

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Thank you all for your help.

To clarify a bit, my husband was in business for himself approx. 2 yrs ago. Unfortunately he did not incorporate. His business was a DBA sole proprietership. The oc had this sales guy that would not leave us alone. My husband was working out of town at the time and this guy was usually unable to get in touch with my husband, so he would call our home 20 or more times a day until one day he showed up un announced at our home. He told me I needed to go ahead and sign so they could get this ad in on time. He said my husband had already chosen his ad and I just needed to sign. I did. Well instead of the little ad we could afford, we ended up with a much larger one that we could not. When they sued my husband we hired an attny to answer the suit and it was dropped, until 2 yrs later, then they sued my husband and myself, both dba XXXXXXXXXX. We took this info to a new attny because we were considering filing bankruptcy. He told us not to worry about it, everything is exempt they can't do anything......However they did. We did receive a notice of oral hearing for application for turnover and also this time sherriff called and told us they could take our house...(homestead) if we did not make some arrangements. Again, went to see attny, he assured us no need to do anything, they can't do anything. So here we are...I was squeezed in on the docket for Monday and will file a motion to Quash application for turnover and turnover order. Does this make sense? Also does anyone know where I may be able to find case law. I was given this case law

A court may not make or enforce a turnover order that requires the debtor to deliver control of the bank account to a receiver or otherwise make disbursements from it to satisfy the judgment, including debtor’s income from wages. Civil Practice & Remedies Code §31.002(f); American Exp. v. Harris, 831 S.W.2d 531, 532-533 (Tex. App.--Houston [14th Dist.] 1992, no writ).(American Exp. v. Harris, 831 S.W.2d 531, 532-533 (Tex. App.--Houston [14th Dist.] 1992, no writ).)

but would like to know what it states.

I appreciate any and all info you have. I don't know if this will help our situation, but will be going to try on Monday.

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