Garishment: What To Do If Your Bank Account Is Improperly Garnished
I get frequent calls from people whose checking accounts have been improperly garnished by creditors. Sometimes a individual debtor has an account owned jointly with his spouse as tenants by entireties which account is exempt from creditors of either individual spouse. In other cases, a caller states that the account contains wages and that he is head of household. This money, too, is exempt. Some creditors do not know your bank account has exempt money. For example, when the creditor sees an account in the debtor's individual name the creditor does not know ( or does not want to know) that it's a wage account. Creditors that garnish joint accounts often do not know (or do not care) that the money may be exempt. Remember, not all accounts owned jointly with your spouse qualify for entireties accounts; there are exceptions. For example, if husband and wife do not put their names on the account at the same time, or if the current spouses first opened the account before they were married, the account technically is not a protected entireties account. When a creditor improperly garnishes a protected bank account it is up to the debtor to get a court order dissolving the garnishment.
Florida law provides that a debtor have an expedited hearing to dissolve an improper garnishment. I do not generally practice litigation, and therefore, I do not assist people who need to file a motion to dissolve a garnishment. Most times, when someone asks me for help to relieve them from an improper garnishment of their checking accounts I recommend a man named Larry Kosto, Esq. with the firm of Kosto and Rotella. (407-425-3456). Larry works mostly for creditors trying to collect money from people; he is one of most experienced and aggressive collection attorneys I know. If you want to defend a garnishment or any other collection in court I suggest you hire someone who works for the other side.
posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida
My question is I recently worked for an employer that directly deposited a holiday bonus to my checking account. I terminated my employment shortly after and they went into my bank account and took the money out. From what I've read after 5 days they must get consent, also since it is a joint account with my wife, were they legally allowed to do this.
Hi, I have a question that I can't quite find on here, this post is the closest to it. A law firm sued me for a credit card debt they took over. They now have had me list all my possesions and so forth to see what they can take. I truly have nothing to take.
BUT, I live with friends now, as I have no job. If they somehow don't believe I have nothing and get a sherrif to come to take what he can see, how does he know what is mine and what belongs to my friends? I sleep on a cot in my friends computer room. Can they say "well that computer is in the room you sleep in, so it must be yours and we are taking it?"
I don't want to get my friends in trouble or cause them to lose anything because of me. Thank you, Bill
Just curious. What if a deposition was attend and CA was notified that person was exempt and an affidavit was place in the public file and can be seen that the person is exempt. 10 months later said CA is attempting a writ of garnishment against an account that was listed in the deposition. Is this cause for a counter suit?
i have a joint checking acct with my girlfriend can the garnish her money paycheck and tax return for my problem this is in Florida its been 7 days and we still have not recived anything from the garnisher
I have an issue with my joint account. I have my own account number but I am currently joint with my parents in savings. I have both savings and checking account but I have a savings joint with my parents. Three days ago my parents account froze because a debt collector has garnish their bank accounts, therefore my savings account is involve. Took everything out in my savings account which I did not owe. I'm really upset with my parents and I went to the bank. They told me that since I have a joint account with my parents that I will be effected on this situation. I don't know what to do, that money I have on my savings was a workers compensation case settlement and they took all that because of my parents issues. Please help, thanks.
I went to use my debit card today and I had a zero balance. I called the Bank who had limited info, they gave me the name of the creditor but the number of the creditor's attorney. I have not received anything from any of these people in like five years and all of a sudden they can take my money. I have over a $1000 in checks out there right now and now they will bounce and I will be charged 40 for each one, I cannot afford this I was laid off a year ago and I am a single mom and I have no money to my name to even feed him now. Is there anyway to get any of my money back. I live in Florida.