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Bank garnishment question


bud789
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So I have this judgement of about $1800.  They did a garnishment on my bank, and at the time there was $26.00 in the account (I'm usually careful about not keeping money in banks.)  I didn't even realize the account had been garnished and the following week I had a deposit of $500 put in there.  I was gonna take the $500 right back out, but now I can't because the account has an available balance of -$1800.00, so I'm not able to withdraw the $500.

So here's what I'm confused about.  I've read that all they will get is what was in the account when the garnishment is filed, so $26.00.  I've called the debt collector and they only know about the $26.00.  They are even claiming that I can use the account as normal, that only the $26.00 is on hold, and that I could deposit/withdraw funds besides that.  This is not true, of course, because of the -$1800 lien on the account.

​Anyway, the letter the bank sent me says that the $26.00 will be sent to the debt collector on Dec 23.  Are they gonna send them the $26 and leave the $500 in my account?  Or are they gonna send it all to them?  Anyone know how this works, exactly?

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  • 2 weeks later...

I have an update on this, for anyone interested. I was able to get my $500 from the bank. They are only allowed to hold the funds that are present in the account at the time the writ of garnishment is served to the bank. I called the bank and they adjusted the hold so that only the $26 was held for the creditor. I then was able to withdraw my $500.

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