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Garnishment actions on wages and bank accounts

Whether its court ordered garnishment arising from a money judgment, an administrative wage garnishment, student loan garnishment or some other form of garnishment of wages or bank account, wage garnishments are tough to stop. This is because the garnishment occurs near the end of the debt’s lifespan, and  its often easier to keep a collector from getting the hooks into you than it is to get them out.

One technique we’ve found effective for gaining leverage over an active wage garnishment is the enforcement of consumer protection rights under fair debt and credit laws such as the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, Truth In Lending Act, Electronic Fund Transfer Act and other must know consumer rights.

If your wages are being garnished, you are being threatened with a wage garnishment or have paid a garnishment/reached a settlement to do so, write the details of your story and submit any collection letters or court documents you have for a free, no obligation debt help attorney case review.If any of your consumer rights are violated during, before or after the garnishment, you may be entitled to cash compensation and no cost Debt Help Lawyer representation. And even if its too late to help on this garnishment, you can get no cost help avoiding repeating the cycle of debt by calling 888-595-9111.

Other options can include seeking bankruptcy help or pleading with the court for a justified exemption or reduction.

Court Ordered Garnishment : This type of garnishment includes wages, bank accounts and other assets. A court order directing a party holding funds (such as a bank) or about to pay wages (such as an employer) to an alleged debtor to set that money aside until the court determines (decides) how much the debtor owes to the creditor. Garnishing funds is also a warning to the party holding the funds (garnishee) not to pay them, and to inform the court as to how much money is being held. If the garnishee (such as a bank or employer) should mistakenly give the money to the account owner or employee, the garnishee could be liable to pay the creditor what he/she/it has coming.

fight wage garnishmentGarnishing wages is a typical means used to collect child support, alimony payments and money judgments. In some states, installment payments are made to the sheriff and the sheriff then gives the payments (or entire amount if all at once) to the person to whom the money is owed.

See Federal Wage Garnishment Law

See Wage Garnishment Amounts by State

See Examples of Wage Garnishments

Administrative Wage Garnishment (AWG): Used as a last resort by the U.S. Department of Education (DoE) to recover defaulted student loans. Thirty (30) days prior to the issuance of the “Order of Withholding”, a notice is sent to students advising them of the department’s intent to garnish wages. This notice also contains your rights and appeal procedures. Student Loan Garnishment

For in-depth information on How to Garnish or How the Garnishment process works see wage and bank account garnishment actions

Social Security and Garnishment:
Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The following benefits are exceptions and subject to garnishment:

(1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and

(2) to garnishment or similar legal process brought by an individual to enforce a child support or alimony obligation.

Section 207 of the Social Security Act provides: “The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.”

However, section 6331 of the Internal Revenue Code of 1954 (26 U.S.C. 6331) which was enacted into law on August 16, 1954, after the enactment of section 207, gives the Secretary of the Treasury the right to levy or seize for collection of delinquent Federal taxes, property, rights to property, whether real or personal, tangible, or intangible and the right to make successive levies and seizures until the amount due, together with all expenses, is fully paid. References: SSR 79-4: SECTIONS 207, 452(b), 459 and 462(f) (42 U.S.C. 407, 652(b), 659 and 662(f)) LEVY AND GARNISHMENT OF BENEFITS 20 CFR 404.970 SSR 79-4 See the code here

Special Note:
The Social Security Administration (SSA) recently changed it’s rules to allow the collection of overdue Program and Administrative Debts using Administrative Wage Garnishment !

The regulations dealing with the collection of program overpayment debts that arise under titles II and XVI of the Social Security Act (the Act) and administrative debts owed to the SSA have been modified. Specifically, the change establishes new regulations on the use of administrative wage garnishment (AWG) to collect such debts when they are past due. AWG is a process whereby the SSA orders the debtor’s employer to withhold and pay the SSA up to 15 percent of the debtor’s disposable pay every payday until the debt is repaid.

The employer is required by law to comply with the AWG order. These new rules are effective January 22, 2004. (References: SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404, 416 and 422 RIN 0960-AE92 Federal Old-Age, Survivors, and Disability Insurance and Supplemental Security Income

Read the full text of the Debt Collection Improvement Act https://www.fms.treas.gov/news/factsheets/dcia.html

how do i stop debt collection harassment


Bank Account Garnishment

Bank accounts can be garnished and, when they are, it is almost always a surprise to the debtor. What typically happens is collectors obtain money judgments (usually by default) and then use the judgment to freeze the funds in your bank account. State law and banking rules govern how the bank must handle the garnishment process.

Collectors always notify the bank first and then notify the debtor. This way your funds are frozen before you can take any action such as withdrawing all your funds. Notifying the bank first is perfectly legal. You typically receive the notice (including your rights) a day or two after your funds have been frozen.

In most states, the garnishment can only freeze funds already in your account at the time of service on the financial institution. During the time the garnishment is in effect, the financial institution cannot honor checks or other orders for the payment of money drawn against your account. This means any outstanding checks will more than likely bounce or be returned for NSF. The exception to this rule is if your account has more on deposit than the amount of the garnishment. In this case, the bank can honor checks up to the amount that will reduce your funds below the amount of the garnishment. When the amount being garnished is paid, the freeze on your account must be terminated.

Examples of Wage Garnishment and Attachment

Federal law limits the maximum amount that can be garnished by one or more garnishment orders to 25 percent of your disposable earnings for that week, or the amount by which disposable earnings for that week exceed thirty times the Federal minimum hourly wage, whichever is less.

In simple terms, “disposable income” is whatever money you have left after paying all required taxes and national insurances! Disposable income is after-tax income that is officially calculated as the difference between personal income and personal tax and non-tax payments. In general terms, personal tax and non-tax payments are about 15% of personal income, which makes disposable personal income about 85% of personal income.

IMPORTANT: In order for wages to be garnished, disposable earnings per week must exceed thirty times the federal minimum hourly wage or $154.50. Put another way, if you make $154.50 or less per week your wages cannot be garnished.

Let’s look at two examples:

Example using minimum wage

Weekly earnings: $206 ($5.15 x 40 hours)

Disposable income: $175 ($206 x .85) some states use .75

Disposable income above the federal minimum ( $154.50) that can be garnished: $20.50 ($175 – $154.50 = $20.50)

Total amount of garnishment per week: $5.15 ($20.60 x .25 = $5.15)

Example using a higher wage

Weekly income: $360 ($9.00 x 40 hours)

Disposable income: $306 ($360 x .85 ) some states use .75

Disposable income above the federal minimum ( $154.50) that can be garnished: $151.50 ($306 – $154.50 = 151.50)

Total amount of garnishment per week $37.87 ($151.50 x .25 = $37.87)

WARNING: The above are general examples, ALWAYS check your State Wage Garnishment and Attachment Rules to be sure you are figuring the correct amount.

As of April 2005, the federal minimum wage is $5.15 however there are states with lower minimum wages as of April 2005:

States with Higher Wages: Washington, Oregon, California, Maine, Vermont, New York, Massachusetts, Connecticut, Rhode Island, Delaware, Alaska and Illinois.

States with lower minimum wages: Kansas and Ohio

States with no minimum wage law: Arizona, Louisiana, Mississippi, Alabama, Florida, South Carolina and Tennessee “

There are four exceptions to the 25 percent rule:

Child support or alimony orders;

Orders of any court of the United States having jurisdiction over cases under chapter 13 of title 11;

Any debt due for any State or Federal tax; and

Defaulted student loans.

If you believe your wages are being garnished illegally, or you believe you are a victim of illegal or unfair debt collection practices, submit your information to a FREE* Fair Debt Lawyer by:

The debt collector may just be liable to you for statutory damages of up to $1,000, plus any actual damages suffered, plus attorney fees!

Free Attorney Review


  1. I just read that they can not garnish more then 25% child support was garnishing 40% of my checks entill recently they modify my withholding order to 110 a month i was recently paid my paycheck was 521 and they took out 190 before they started garnish my pay check i did not receive any mail informing they were going to be garnishing my checks

    • Your question is a little hard to follow, but we’ll try to answer, and also suggest you contact a Debt Help Lawyer at 888 595 9111 and provide them further information information about your situation.

      Garnishments cannot exceed 25% unless they are for the limited circumstances listed above, and garnishments generally cannot be taken from things like child support paid to you. But if you commingle (mix) any child support funds you receive with non-exempt funds (like your paycheck) you risk otherwise exempt money being taken from your bank account.

      If you have been illegally garnished, you may be entitled to get that money back as well as have a valid claim for damages against the debt collector under the Fair Debt Collection Practices Act. Wouldn’t it be nice if the collector had to pay you? Call 888 595 9111 for a free, fast no obligation case review.

      • I had my tax return 700$deposited in my checking account. My boyfriend not husband got his 5400$deposited in my savings. 3years b4 this i was on the ankle monitor and cost 14000$in court revenue. After our tax returns were deposited. I went to jail. I bailed out. Two days later after i drained my checking on bail… Bank levy on my savings account w his check in it…. Gone …not mine his gone…. What can i do..

    • I have a court order to pay child support plus extra for back child support which I’m paying directly from my check. Today I get a letter that both my bank accounts have a child support lien on them and my money in frozen for back child support. What I don’t understand is if I’m paying my child support plus extra for back child support directly from my pay check already. Why is my bank account being frozen

      • Goodbquestion.

      • So wat happen I have the same situation
        Can they do that

      • Mike Hilson, same exact thing just happened to me.child support plus extra$ for arrears come out of my check every week. What’s left I put in bank. Just found out $0 left in my account. Can’t pay my rent or taxes now. Let me know if you find out anything please. I’m feeling very unstable right now. Can’t live like this.

    • Those are sorry MFS.

    • In Alabama, is a wage garnishment & a bank garnishment included in the same judgement, or are does it require separate judgements? How could I find out if my account has been targeted? Thanks

  2. My fiance had her account frozen and $2000 emptied from an unpaid medical bill. We have been seeking bankruptcy since the medical bills exceed our ability to pay. She is unemployed and has no income. The money in the account came from unpaid time off from her previous job and was gone in a matter of weeks. How does this apply to her?

    • It is most unlikely this occurred without a lawsuit being filed and then defaulted as no one (but the government) can just enter a bank account and take money absent a judgment. So it sounds to me like your fiancee got served with a lawsuit and ignored it. Now if that is not the case, you may be able to have the judgment vacated and thus the money returned, but you will most definitely need a lawyer for that as it will be a court intensive process. And if any monkey business or foul play occurred in this process, your fiancee will likely have fair debt rights as well and be entitled to actual damages and statutory damages. Call 888-595-9111 now and let’s see what can be done to help.

      • I have been in a on going lawsuit. The plaintiff attorney decide to bring my case to the suffolk DA. Without notice they froze all my bank accounts. Yes this was a civil case but was brought to DA to spook me but now they’ve frozen my accounts. How can they just freeze my account without judgment? If

  3. I was in the process of consolidating loans and federal loans kept stopping it. Too late they now want to garnish. I was on the way to student loan forgiveness. What can I do? They want to garnish for 5 months while I still have to pay my student loan bill! I don’t have that kind of income!

  4. I have a small loan and live in Alabama. I have been sick, my husband is disabled and can not work and we have three small children. Our bills are too much for my income. The loan company after paying on time for three years has been calling me wanting me to make payments that I can not afford right now. I can make small payments out of each check but that is it. Today they called and left a message that they just left the court house and will proceed with garnishing my wages if I am not there with a payment by 2:00 pm. Can they do that without going through a judge first? And can they refuse smaller payments?

    • It is unlikely, if not impossible, to be garnished without a judgment in this situation. Now, we here don’t know if you have previously stipulated to the entry of a judgment, or if the threats being are illegal misrepresentations in the absence of all paperwork (voice messages and call records too) related to the loan. You can get a free no obligation case review by faxing this paperwork to 866-773-6152, calling 888-595-9111, taking photos/scanning and emailing help@Fair-Debt-Collection.com or submitting online here.

  5. I had my bank account garnished for a CC I failed to pay. I got an order to appear in court, didn’t take it seriously. 9 years and 10 months later, the garnishment finally took place. From what I gather, this is legal, so no complaint there. They took $1755 the first time. Then next pay period they took $$650. That left me with $600 in the bank. The garnishment started August 28th 2014 and to this day, Sept 9th 2014 I can not access my bank account. The garnishment is done, why can I not use my account now. Wells Fargo said they are waiting on the order from the collection agency. The collection agency said they are waiting on WF. Do you have any advice?

  6. Judgment was granted by default in my favor so now I plan to garnish the bank account of the defendant, if I can obtain the correct bank. What are the rules if they live out of state now? What are the options?

    • You need a judgment in the state they now live — it is called domesticating the judgment.

      • When domesticating the judgment – does this still apply if :
        1) the back exists in both states


        Is the defendant re-served with the notice and given opportunity to dispute the original judgment? Or does the new State of residence recognize and reciprocate the first judgment awarded in the prior state of residence?

  7. My bank account was garnished recently by a debt collector who refused my monthly payments (as being too small). I am ill, and was paying regularly, but they did it anyway.

    My question is this: since my parents were kind enough to give me money to pay the creditor off (they referred to it as a settlement), and they said the bank would be notified and the account released right away, will the funds they took (which was every cent) be returned now that I have paid?


    • It depends on the facts, circumstances and express agreement made. You can share that info now, but it sounds like you may get fair restitution so you may want to wait and see. IMPORTANT: IF YOU DON’T GET BACK EVERY PENNY OR ARE OTHERWISE UNHAPPY, call 888-595-9111 then and let the Debt Help Lawyers review your situation.

  8. I started a small business as a DBA owner operator and had some tax problems during the process. I was then told by an attorney that I might consider an LLC which I did over a year ago. Recently the state of Oregon unemployment insurance tax garnished my bank account for several hundred dollars even though I was established as an LLC. When calling the employment tax office I was told that it was my responsibility to file a form with the IRS dissolving my DBA. Is it legal for them to garnish me my personal assets even though I am now considered an LLC?

    • Yes, because you are the LLC and the income and profit and loss pass through to you. If it were not that way, people could avoid taxes through LLC’s, and the true reason (loosely explained) to establish an LLC is to avoid personal liability for the company’s actions.

  9. My daughter passed away in 2010. I am the second signer on her funeral expenses. Her husband signed first I paid half the bill then I stopped because he wouldn’t help I think since she was his wife he should be responsible. Now I have received a letter from an attorney with threats to sue me because they can’t get her husband to contact them even though I have given them his address and phone number he’s very easy to find he just will not respond they go after me because I respond to them. Shouldn’t they take him to court also and not just me? I stopped paying because I am disabled and receive social security disability. Her husband is also disabled with ss income and he receives money from ss for their two children

    • My most sincere condolences for your loss. These situations are difficult, but in the end, any signer on a credit application is liable for the account. The silver lining is disability income are “exempt” funds meaning they cannot be garnished or seized as long as you do not commingle the exempt funds with non-exempt funds (for example, a spouse’s paycheck). You can read more about exempt funds here. It also sounds like you could benefit from the Law Cent program which can provide you consumer credit, debt and banking legal services for as little as $20/month, call 888-595-9111 and ask for a free brochure.

  10. I have had my bank account garnished 12/19/15 Disibility checks deposited (2,300) with 100 of other deposits. Debt owed is 3,388 for broken lease. I filed for exemption hearing and lost because of co mingled funds. 12/29/15 re file a new hearing for the Homestead exemption and wages % (01/08/15). Is this possible? They have taken all I have and left me destitute. Can not afford attorney no family have chronic illness. Is their any way to get any money back? When they froze the account there was 980 in account. My other disability check was deposited after the hearing for 1,236. Will not get any money until 1/21/15 I m in Virginia.

    • That’s the danger of commingling funds, and you should always keep non exempt funds separate from exempt funds. But it sounds like their methods were not fully above board, so call us at 888-595-9111 and tell us the full story. Whether its this collector or the next, we can get help you avoid problems like this in the future and also fix the issues that arose here. Free case review, no obligation.

  11. A debt collector is asking the court to garnish my personal income from a different employer and my personal properties for debts my LLC business owns creditors. Is that legal in Indiana?

    • A lot more facts would be needed to answer, including to what extent you personally guaranteed any credit lines. Call us at 888-595-9111 and tell us the full story, worst comes to worst you may need to get into a debt settlement program that re-prioritizes your debts and we can help with that.

      • A car loan company recently got a court order to levy my bank account and garnish my wages..I told my boss to stop the direct deposit so I can get paper checks,will I get my paycheck minus the 25 percent in wage garnishment since I don’t have direct deposit anymore

  12. i recently had my wages taken by a debt collector through a writ of garnishment. this garnishment was a result of a judgement against my wife prior to marriage. I filed a challenge to this garnishment because the only deposits to this account are my wages. In oregon i am not responsible for debts prior to marriage. Is this legal for them to take my wages

    • Doesn’t sound like it! Collectors generally “shoot first and ask questions later” as its easier to take your money and make you work to get to back than it is to do the due diligence to learn they had no right to take from that account. It sounds like the collector owes you up to $1,000 statutory damages, plus actual damages, and we can go after them at no cost to you. We may also be able to help your wife get this old debt settled cheap! Start the Fair Debt process today by calling 888-595-9111 for your free, no obligation consultation.

  13. A judgement was placed against me and my bank account was depleted down to zero. Can they garnish both my bank account and my work wages? Or can they only garnish one? I’m very confused as to what to do right now because admidst all of this, I am trying to file bankruptcy and now have absolutely no money to live on. My paychecks get direct deposited into the bank account they just drained to zero.. Is it frozen until they receive the full amount?

    • They can, as its two different sources of funds. They can take any non-exempt funds from your bank, and garnish up to 25% of your disposable income from your paycheck. It sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation debt settlement consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  14. Is it legal for the Unemployment division of a state to enter your bank account and remove funds without due process, i.e going to court? And is it legal for a private bank to allow this without proper evidence the amount requested for payment is owed?

    • Generally speaking, yes they can, the government can do all sorts of things… But, if this seizure is causing you other financial trouble, we may be able to help you re-prioritize your other debts through debt settlement, and in the process, we can enforce your other consumer credit and debt rights. Call us at 888-595-9111 and get a free case review, there is no obligation and it sounds like you can use the help!

  15. My bank account was frozen due to back child support from out of state when by another debt collections. It took almost 4 Months to get this resolved, can they do this?

    • Your question is a little hard to follow, but generally speaking only consumer debts are covered by the FDCPA and child support is not a “consumer debt.” But often, you can “borrow from Peter to pay Paul” and you may benefit from exploring debt settlement. Call us at 888-595-9111 and let’s evaluate your financial situation and see if your debts can be re-prioritized. And if you are having other issues that we didn’t catch from your comment, call us for a free, no obligation case review.

  16. A creditor garnished my bank accounts in the middle of 2013. It was not enough to cover the debt. Those original funds are still being held in one account, meaning they never collected it. Why would they not collect it, or take further action? How long must my bank hold it? Can the creditor set a limit and tell the bank to freeze the funds once my account reaches it?

    • Thank you for your question. We would be happy to review the facts of your situation in greater detail. You may have experienced a Fair Debt violation(s), the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  17. I live in CT, and I make less than 40 x the minimum wage weekly, can they still garnish my wages? From my understanding they can’t.

    • Thank you for your question. Read this section of our website which covers Garnishment Laws in all 50 states
      We would be happy to review the facts of your situation in greater detail. You may have experienced a Fair Debt violation(s), the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  18. Johanna, NYC… Hello. My payroll is being garnished since October of last year for at “total of 25,000 + marshal fees and interest” of a debt that was actually $ 4,800 from 2003. I never got served, never got paperwork, never got a phone call. I have lived and worked in the same place for over 13 years. Am I too late to do anything?.. Please advise.. and Thank you in advance

    • Most judgments have an awarded amount of accruing interest, so when left unpaid the amount owed increases over time. I’d suggest obtaining a full copy of the court file. This doesn’t pass the “sniff test” something sounds fishy here even at 30% interest the amount garnished seems high. We would be happy to have a Debt Help Lawyer at this site provide you a free, no obligation Fair Debt consultation. Give us a call and let’s figure out how to get you some real help. You may be entitled to $1,000, your money back, and more! Make the collector follow the law or pay you, call us at 888-595-9111 and we’ll get you taken care of.

  19. I’m confused…

    My father doesn’t currently have a bank account and he goes to a check cashing place for his checks. His wages are garnished directly from the check,.

    If he were to open a bank account and just deposit the already garnished check, could they dip into his bank account and take more money?

    I believe they can only garnish wages one debtor at a time so I just want to be understanding of everything before he opens an account somewhere.

    • They can, as its two different sources of funds. They can take any non-exempt funds from his bank, and garnish up to 25% of his disposable income from his paycheck. It sounds like he would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation debt settlement consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  20. Can a medical bill be garnish from my federal or state taxes. My son had dental surgery but the hospital said the insurance is going to cover everything but i ended up with a bill. Do have legal rights to garnish my tax refund?

    • A debt collector with a right to garnish (for example, arising from a judgment) can seize any non-exempt funds from your bank, and garnish up to 25% of your disposable income from your paycheck. However, the story you tell does not pass the “smell test” as either you didn’t get a fair chance to respond to the lawsuit or there was a likely improper service to begin with. You may have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  21. I’m a truck driver. While out on the road, a sheriff’s deputy apparently served a judgment to an old address (I’m just assuming that I don’t even know for sure). I come home and Covenant Medical Center, for some old medical services, levied my entire bank account, leaving me not a single penny. They took $900 and will take another $700 as I get checks direct deposited. Is there any legislation discussed at local, state, or federal levels to change this? It seems bizarre that only a PERCENT of a paycheck can be garnished but in one fell swoop a creditor, a MEDICAL creditor no less, can take all a man or woman’s money, leaving them nothing to live on..

    • A debt collector with a right to garnish (for example, arising from a judgment) can seize any non-exempt funds from your bank, and garnish up to 25% of your disposable income from your paycheck. However, the story you tell does not pass the “smell test” as either you didn’t get a fair chance to respond to the lawsuit or there was a likely improper service to begin with. You may have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  22. I had CC debt default, go to court and was given a default judgment. Yesterday, both of my bank accts have been overdrawn drastically. I called the bank and they said it was a garnishment issue and was given a number to call which I left a message. What should be my next move, since the overdrawn amount GREATLY exceeds what I make.

    • You may have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  23. I foolishly got involved with a next day loan company when I was in a pinch and when I got the loan they forced me use part of it to sign up for their “insurance package” ,in case I lost my job or got hurt, that would alert my payments. This was supposed to protect both me and them. I lost my job and when I told them they still wanted full payments even though my new job was les than half the pay I received when I got the loan. Now my income is being garnished abd my bank account is frozen but the only money that goes into my account is my payroll direct deposit which is minimum wage. I do not make enough to be garnished yet I’m being garnished and my account is frozen. Is this legal?! No man nor woman can live with $0.

    • A debt collector with a right to garnish (for example, arising from a judgment) can seize any non-exempt funds from your bank, and garnish up to 25% of your disposable income from your paycheck. However, the story you tell does not pass the “smell test” as either you didn’t get a fair chance to respond to the lawsuit or there was a likely improper service to begin with. You may have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  24. I’m from Illinois and had my bank account froze by a creditor we have gone to court abd I turned over the 51 dollars in my account yet the creditor has failed to send discharge papers to my bank to unfreeze my account. Is this legal it has been almost a month since my return court date

    • Based upon what you have shared, I would ask that you call and talk with one of our legal assistants, you may have experienced some sort of Fair Debt violation(s). The Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. Call us now at 888-595-9111 and we will get started figuring our how to help you!

  25. A garnishment was made against me only, I lived in the house with my now ex boyfriend. He didn’t go after him and he’s the first name on eviction. He told me I was the sole bread winner. I have 4 children they took the money I had in my account. And he should have split the judgement half between the 2 of us. What can I do. I still haven’t been notified by my employer yet 5 days now. What are my options? Kcmo.

    • If the judgment is entered against both of you, A debt collector with a right to garnish (for example, arising from a judgment) can seize any non-exempt funds from either of your bank accounts, and garnish up to 25% of your disposable income from your paycheck. However, the story you tell does not pass the “smell test” as either you didn’t get a fair chance to respond to the lawsuit or there was a likely improper service to begin with. You may have experienced some sort of Fair Debt violation(s), and even if not, it sounds like you would benefit from re-prioritizing your debts through debt settlement, and the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  26. I work in Oregon and currently being garnished at 25% for a judgement for credit card debt. In a few months an alimony support garnishment will start in the amount of $2600 per month which is about 40% of my income. In Oregon I believe you can only have one garnishment at a time. Will the alimony take priority to be garnished over the judgement?

  27. I had a payment arrangement and tried to set up auto pay because of illness. Six weeks later when feeling better I called to see why money was not deducted, they claimed it was not set up. I then offered to pay amount in full and was told they would not accept over the phone, that I would have to mail it in. I mailed full payment and while waiting for check to clear, my bank card was rejected. Now seventeen days later my bank card is still frozen because I tried to do what was right and pay what was owed. They used my attempt to pay them as an opportunity to set up a garnishment that they still haven’t removed, eleven days after check for full payment has cleared. No wonder people won’t accept responsibility for their actions, afraid of being punished for doing what should be expected!

    • We should look into this more something doesn’t sound right. Please gather the court documents, and any collection letters, then give us a call 888-595-9111. There is no cost and no obligation for an attorney to provide an evaluation and in most consumer protection cases, Zero cost to hire an attorney to handle the claim. 888-595-9111

  28. I share a bank account with my boyfriend. He had an unpaid cc and now they froze our joint account. Can the freez a account with 2 people that are not married for a garnishment?

    • We’ll need to review the details more but generally speaking, Garnishments cannot exceed 25% unless they are for the limited circumstances, and garnishments generally cannot be taken from things like child support paid to you. But if you commingle (mix) any child support funds you receive with non-exempt funds (like your paycheck) you risk otherwise exempt money being taken from your bank account.

      If you have been illegally garnished, you may be entitled to get that money back as well as have a valid claim for damages against the debt collector under the Fair Debt Collection Practices Act. Wouldn’t it be nice if the collector had to pay you? Call 888 595 9111 for a free, fast no obligation case review.

  29. my fiance and I called the bank that he banks at and asked if we could deposit my third party check into his account and add my name on to the account in the next week when we got married they agreed to do this deposited into his account at Wells Fargo the check was drawn upon Wells Fargo it was a retirement check from my dads estate.for $8,900 since then they have frozen my fiance’s bank account going to close it in 10 days if I don’t sign a hold harmless agreement and won’t tell us why except we deposited a third party check they know that we did it and no why I’m fully disabled have been since 1997 I am now without any income my fiance takes care of me I cannot get my medication pay my insurance we weren’t able to pay taxes I cannot go to the doctor during this time I received this retirement I was kicked off SSI and SNAP benefits and Medicaid therefore I have to pay my medication my medication a month is over $3000 we sit with no food no money because it was all in that check I don’t want to sign this paper cuz I don’t know what it means I was married before and I know there was dead somewhere I just don’t remember where it was part of my disability and when I wasn’t on disability the rest of my inheritance is it protected by a trust fund a special needs trust I can’t pay for my wedding next week I don’t know what to do they are horribly mean I suffer several disabilities I can’t call the trust fund attorney a hundred times it cost me money they said they’ll release the information to my fiance once I sign this paper I’m absolutely terrified. I spoke with the company who issued the check. they state that the check has been cleared and it’s in the account when we call for the available balance at the bank it says we have an available balance my my deposit receipt says my balance would be available the next day I don’t know what’s going on all I know is we are completely stressed thank you.

    • The facts you have stated are a little hard to follow. Who is the creditor that has a judgment entered against you? If you already have a judgment and there is a lien on your account, why are you depositing money into an account subject to garnishment? Please call us we would be happy to help sort the facts and provide a free fair debt rights evaluation. 888-595-9111

  30. I got behind on my child support and have been paying it out of my paycheck (automatic) plus back child support included for months now. I got a letter that now states they have levied my bank account. My question is, I have a son who get social security disability pay and is deposited into that account. Can they take that money? Also is the levy continuous or just one time?

    • A parent or guardian would also be named on a child’s bank account. A debt collector with a right to garnish (for example, arising from a judgment) can seize any non-exempt funds from your bank, and garnish up to 25% of your disposable income from your paycheck. The Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  31. I have an outstanding judgement from Discover Bank, I had been in touch with them to discuss options about making payments, my income though is very sporadic, so I have not been able to be consistent, recently I received a notice for substitution of counsel, which quickly was followed up by the depleting of all our money from our personal account, and in addition the account of one of our children, 17 years old, all the money in that account was his life savings. This was a surprise and no notices were received. I know I need to take care of these obligations, but I have other children who have accounts, with my spouses name also on those accounts, this obligation is only mine and the judgement is only mine, can they go through every account and to the same thing? Thank you.

    • Thank you for your question. Read this section of our website which covers Garnishment Laws in all 50 states We would be happy to review the facts of your situation in greater detail. You may have experienced a Fair Debt violation(s), the Debt Help Lawyers at this site can provide you a free, no obligation Fair Debt consultation. The worst thing to do is nothing, so call us now at 888-595-9111 and we will get started figuring our how to help you!

  32. My wages was being garnished for a medical bill. I filed bankruptcy, and the garnishments continued for about a month after i filed. I was told that they had to return the wages that they garnished after my filing. How long does it take to have the money returned to me?

  33. I have a friend who was being garnished for over a year. She works for Walmart and even though the Treasury Dept who is acting as the collection agency (SBA loan) was getting the payments on time, they reported it late every single time to the credit bureaus.

    Can Treasury do that?

    • You haven’t provided enough detail. If your friend would like a free, no obligation case review, he or she is welcome to call 888-595-9111 and speak to an attorney.

  34. My wages are being garnished and I only owe about $30 more to satisfy the judgement. My question is, will they still take the 25% out or just what’s left of the total amount I owe?

  35. Michigan F.O.C. garnishing my Social Security by 500 dollars a month using a bogus court order on a closed case that is past the statue of limitations the court order they are using does not appear on the Register of Actions they know this so they won’t allow me to have a hearing. The story I have is long and I can email it to you including the proof.

    • Let’s have a look, send us everything you have.

      • I have sent the three documents proves criminal activity on the part of Michigan F.O.C. .

      • I am being sued by the Mich. F.O.C. for 62,000 dollars on a case that was never filed, closed on 01-01-2004, statue of limitations up on 07-18-2007, using a bogus court order. This is a criminal action on the part of the F.O.C., judges lie while sitting on the bench, judge Diane Bigger said the court order is valid, this is impossible because the case was never filed. Lawyers have ripped me off for 10,000 dollars, Mich. Bar says this is legal.

  36. I owe state taxes in NC to the tune of 68,763.99. I am about to deposit an inheritance check into my bank account in Tennessee. Is NC legally able to garnish money from a bank that doesn’t operate in this state?

  37. Was wanting to know where can I look to see who has a garnishment on me

  38. My bank account was frozen because of an outstanding debt on a credit card, I understand this is a debt and I did not refuse to pay this debt. I told them I could not make any payments at the time due to employment hours being decreased. Can they go into my bank account more than once and if so do they have to get a court order each time to do this? I don’t ever remember receiving any type of court papers either. I could have, I just don’t remember. Also is there anything that could stop them from coming after my bank account on any type of hardship? For example, not working enough hours, or have sick children that causes me to miss work a lot or maybe even a self long terrm illness? Thanks for your answer!

  39. I had a judgment entered against me for $1710.80. The attorney has had my bank place an administrative freeze on the full $1710.80 AND my paycheck is being garnished in a weekly basis. Are they “double-dipping” by having the full amount frozen while continuing to garnish my wages? I’m worried that my employer will pay them the full amount via wage garnishment and my bank will pay them the full amount via bank levy…and I will have to fight to get my money back. And just to clarify, I have more than $1710.80 in the bank, so I’m not sure why they are doing both. I wonder why they wouldn’t just take the cash from the account and not bother with the wage garnishment. Could they be doing it on purpose?

    • They might be, but its hard to say for sure without additional facts. And, its likely they are doing both only because you cannot stop them. Call us, lets gather the extra facts needed and see what we can do.

  40. My husband had a judgement in 2002 while married to someone else in the state of Georgia. He has lived in the state of Florida since 2003. Today, my husband was brought into the office at work and was told his wages would be garnished. We had no idea, from the paper at work it was sent to an address he hasn’t lived at since 03. To top it off, his company checks are cut from Tennessee. .again we live in Florida. Don’t they need to domesticate the judgement before garnishing wages? The paper has no date , no signature.

  41. Is it possible for the agency that is garnishing a bank account to know the amount in the account prior to freezing the account?… Or is it a shot in the dark on their part?

  42. Received notice of wage garnishment from Treasury Dept stating unless I set up payment arrangement, my wages will be garnished. Informed them that I do not have a job currently. She said, then wages won’t be garnished, and no arrangement can be made until I find a job. She mentioned that other programs may be used to offset like Social Security, disability, etc. She didn’t mention banks but I’m sure that is up for grabs too. Does this mean despite her saying my wage won’t be garnished until I get a job, that they would look for other things to garnish like bank accounts? Or, actually put it off until I find a job? Meaning, garnishment.

    • Government debts are near impossible to lose, so its the other debts that need to take a back seat. Call us for a free debt settlement consultation and we’ll help you get through this.

  43. I have a personal debt that I defaulted on. The creditor sold the debt to CACH. An attorney filed suit to collect. I answer the suit, but got the court date wrong and missed it (I was sick to my stomach over it). The court gave a default judgment in their favor. I haven’t began paying them (it’s been a few months). I have had no other contact with them. Over the weekend, a $100 legal order fee came out of my bank account that I share with my stepdaughter (she at college on a scholarship). The bank tells me to call the attorney’s office and that is all they can say. Obviously, this is the beginning of a garnishment. I was under the understanding that in Arizona a writ of garnishment had to be executed and I would be served with it before they could issue the levy. Is this true? Also, can they go after my LLC accounts for my small business? Thanks in advance.

    • You need some help, and we can do just that. CACH can be reasonable to deal with, and I bet our debt settlement services can get you squared away cheap. Call us, no charge for the consult.

  44. I was just notified by my job that I’m being garnished by the Missouri department of employment security. I had a payment arrangement set up with them and made my payment every month but then I have a check returned in the mail. I called an offered to pay over the phone but they told me to just put it back out in the mail. The check was received by them after the first of the month so now they are garnishing me. They are going to take 25% of each paycheck with will leave me unable to feed my self and 2 year old son after paying living expenses. Is there anything I can do? Or anywhere I can call for help?

    • If DES is garnishing, you will have a hard time stopping them. BUT, we can help you re-prioritize your other debts so you can meet this obligation while holding off other less important and less collectible debts. With lawyer driven debt settlement, you’ll be in control. Call us and for a free, no obligation debt settlement consultation.

  45. A lien was placed on my bank account in March of this year by the Louisiana Department of Revenue. The crazy part is, it was right after tax season, and we all know that if you owe the government, they will see your money before you do. I owed $920, so when I received my return, it was taken out before it even hit my bank account. A lien was placed 2 days after that and they have since cancelled the lien, however, they are refusing to refund me the money that was taken from me, saying “the money was taken from your account before the lien was placed but was not posted until after.” How can they do that when they were in possession of the money even if it was posted 2 days later? I have since tried to contact the supervisor at the Dept. of Revenue, however, after leaving 7 messages over a months time, I received no response.

  46. Me and my brother live in North Carolina. My brother owes back property taxes. These were taxes he had been unable to pay because he was unemployed. He has since found a job where his wages were required to be direct deposited into a bank account. Last week the county tax collector froze his bank account. He had 1700 dollars in the bank and he owes 2100 dollars. They also plan on taking his entire next pay check, which will leave him completely broke for a whole month? Can they really do that, take every cent a person has, with no money to live or pay bills? The property is two mobile homes, he only owns one of them, and he even went to the tag office and got written proof that he only owns one of them, and they still are going to try and make him pay taxes on both. He even asked them to garnish a percentage of his wages, and they refused. They said they were taking every cent in 10 days. This doesn’t seem right to me, but they claim they can do it! Some advice please?

  47. The state of Kansas says I owe them over $4,000 in back taxes. If I have a bank account set up for strictly my child support payments in Ohio can they freeze the account and take the money?

  48. I’m trying to get my financial affairs in order..I have a state tax lien judgment in Alabama..I moved to California and want to open a bank account here so I can start taking care of things…but I need to know if they can seize my money in the account?

  49. My wife has a medical debt that was sent to collection. On the paperwork filled out at the hospital it has her listed as the responsible party. I am not on the obligation paperwork. I am only listed on the contact paperwork as her husband. Can I be taken to court or my paycheck be garnished?

  50. In 2006 I received a money judgement against me by default. The summons came via certified mail to my mom’s address (which I was not living there at that time because I had gotten married earlier that year and moved out), my mom had signed for the mail and I didn’t become aware of it until far too late (like 2 years later) because she just never gave me the mail (I found it 2 years later while helping her move). Anyway, nothing had happened in that time since the judgement and so I just sat on it. Cut to April 2015 (nearly 9 years later) I was served a debtor’s exam and my bank account with about $65 in it was frozen. I went to the debtor’s exam, answer the questions, which I have been a stay at home mom and college student for the past 9 years and just started working as a substitute teacher in late 2014 making less than $400 a MONTH, and my only other asset is a 16 year old rusted out dinged up car. The creditors law firm rep offered to take $50/month, which we discussed in front of the judge. I said it was something I’d try to do and he gave me a number to call. The judge said it would be wise to make the payments through the court clerk. Ok. I called their law firm like I was told and when they got back to me three days later they said I would actually need to pay $100/month for three months and then either settle or they’ll raise the monthly payment. I explained that at the debtor’s exam in front of the judge their rep said the offer was $50 a month. They didn’t care about that and they also told me that I needed to pay onlin by phone or by mail. When I said the judge said to pay by the court clerk, again, they didn’t care and was trying to discourage me from doing that by not giving me any more info on it I felt like. Well, since they never sent me a hard copy of any kind of payment agreement, and I thought they sounded too sketchy on the phone, I have not made any payments to them. Cut to now, about 2 months since the debtor’s exam and frozen bank account, I noticed the freeze has been lifted and my funds are available and they did not take any of my funds at all. They do call maybe three times a week attempting to collect but that’s all I’ve heard from them since. Why or how could the freeze got lifted and why didn’t they take the funds? What kind of help can I get or what should I do next if anything? In Indiana.

  51. I live in Washington state and this morning the unemployment office put a levy on over $3000 in my bank account which is what I am living off of at the moment. I have a 6 month old baby whose father is no where to be seen even to do a paternity test, as well as 3 other kids from previous. I am living alone, and this money is all the money that I had. When I called the unemployment office the lady said, “I am sorry but I hear these pity stories all the time, and I will not help you, I will NOT reverse any of this money except for $249.” I am not sure what to do as I am looking for work, and have had a rough go over the last few years, and recently had gotten a settlement but have paid off a lot of debts with it that were in collections, and the unemployment office wasn’t even on my radar yet. I missed one appointment with them and they would not reschedule me and now say I owe over $20,000. Any advice would be helpful…

  52. I just found our the my entire checking account and savings account at my bank have been depleted by the State of Hawaii Child Support Enforcement Services. How can they impoverish me to the point that I can’t survive and pay my bills. I make child support payments automatically every paycheck. Please if you could give me some advice on what action I can take.
    Thank you.

  53. I’m recently divorced. My ex husband and I acquired a couple of bills when he said he wanted a divorce he promised he would pay. He failed to pay those bills and one of the collectors started garnishing my paycheck. When they first sent me the notice that I was going to be garnished and they had both of our names on the front of the paperwork but we’re only garnishing my paycheck not his and he makes more money than I do. When we went to court for the divorce they had already garnished half of what they said that we owed. The judge sided with me stating that my ex was responsible for all of the past due bills and paying the Court fines. This was on June 16th of this year. I contacted the collection agencies the two separate ones that we had, and told them that there was a court order stating that he was responsible for the bills not me. Which election agencies told me that they don’t have to follow any court orders at all. I’m still getting garnished for the first bill that he still isn’t paying even though the judge said he had to. The second collection agency then filed paperwork with the court right after I told them that I had a court order stating that I was not responsible for those bills. The divorce court then sent me paperwork stating that I have a lien my ex’s property. I’ve had to pay extra money to respond to the second collection agencies court papers and my ex has done nothing to pay what the court ordered he was to pay. What if anything can I do to get the money that he owes me and to get the collection agencies to go after him instead of me. Thank you for your help.

  54. My mother owes a large amount of taxes on an old business she had. My aunt had an executor for her estate and she stopped trusting them so she removed her money and opened a joint account with my mother. Are these assets at risk of being seized or garnished, this is in Iowa? My aunt also has a property in Florida she plans to leave to my mother, could that be taken if that ever happened?

  55. My bank account was recently frozen . I had a default judgment placed against me after. I was sued in 2006. The lawsuit is in my
    Name, yet the server gave my husband the papers because I wasn’t,
    At home at the time. So I called my bank and they told me that
    Someone from the state of Florida ordered my bank to freeze the
    Account. I had received an e-mail from my bank letting me know
    that my account was below $25. $234.57 was taken out. I called the number given me to the bank. It was a law firm. The lawyer asked for my name and the last four now of my SSN. At first he couldn’t find the file. Then he demanded that I give him other names I might have, I gave him my maiden name. Then he yelled gotcha!!!!! very loud. He then asked me if I heard of Palisades? I said no. He refuses to reverse the freeze, as the original company named on the lawsuit was Colonial credit corporation. Is this within the law?

  56. I logged into my bank account this morning and notice that the NJ Superior Court withdrew over 2800 dollars, basically all the money I had, which was deposited the same day, and then took another 100 dollars two days later. I do have a lien about a year old for 4000 dollars but do they not have to notify me prior to taking all of my money on a Friday afternoon with no way to contact anyone for the weekend? I called the bank and they said they were notified but I was not. This seems harsh…

  57. My wife had a walmart credit card back in 2010 that she had solely on her own before I even knew her. She created a balance and failed to pay creditor. Well I got an email from my bank today stating that a creditor was garnishing my account. I called to inquire about it they told me that it was for her and they received a letter from the court stating to do so. My question is she is only a user on account she makes no deposits into my account she has her own bank account why would they only contact my bank for it and not her own according to the mahoning county online court website Huntington was never notified. How are they able to take from my account with no attempt to take from hers and is there anyway I can stop them from doing so? The debt collector told to go to court on Monday in austintown with all deposit statements and show that she does not deposit money into my account. So are they able to do this as she doesn’t use my account and all monies in the account is mine?

  58. My husbands bank account was overdrawn $1200 by Washington state child support. We received a letter saying they were going to take $250 a month out of his paychecks before he received his check. We were ok with that. He went to buy something and his card was declined. He found out Washinton state had overdrawn his account by $1200. Is this legal?? We understood the garnishment of wages. From what I understand they are not allowed to take the whole amount owed at once, especially out of bank account. Should I talk to a lawyer.

  59. I received a judgment against me for approx. 6,000 dollars. I had approx.$ 5300 in my checking and savings at the time. They garnished 100 percent of both accounts. My specific question is the following: is this legal to garnish 100 percent of your entire savings and checking accounts?

    Thanks for your feedback ahead of time.

  60. My children’s father is over 20,000.00 behind in child support and has been in arrears for years. His bank accounts were frozen the other week for being behind in support. What will happen to that money, will it be sent to me and if it is not all that is owed what will happen until it is paid in full? Thanks for any and all feedback.

  61. I moved to Jacksonville from Ga in 2009. A debtor began garnishing my wages from a dept that was from 2004. The garnishment began in 2010. I was out of work for a while due to pregnancy. I returned back to work in 2011. I contacted the debtor and began making payments. However the debt wasn’t satisfied. I lost my job due to the company going out of business in 2015. I started back working in May 2015. My legal dept at work informed me of the garnishment. My question is in the state of Fl you are protected from garnishment if you have dependents. How do I fight this if it is issued from another state

  62. I recently got my paycheck garnished an now they have put something on my bank account that’s put my account into the negative considerably 15k everyone I have talked to has told me they can’t do that since it takes away my intire income . Any help would be appreciated

  63. I have a judgment against another party. We have a writ of execution filed on them and had their bank accounts garnished a few months ago, only recovering a minimal portion of what is due us. We just received a small check from them under the same bank account garnished. Can we garnish the bank again? And isn’t the bank suppose to freeze the account until the debt is paid in full? This is in Maine. Thank you.

  64. I received a default judgment on a cc for $4,900. I received a letter in the mail today from the bank that they have segregated funds for a garnishment action in the amount of $9,800. How can the bank freeze more funds than are owed? How and when will they get released and will they still garnish wages vs. just taking the money from my account?

  65. Why is there a law protecting a person’s wages from garnishment (up to 25% of income) yet, there is no law protecting a portion of your bank account (which, is mostly my wages)? I don’t understand why they can take every penny. How can this be changed?

  66. I live in Michigan and just had my bank account garnished and taken down to a zero balance. I called the bank to find out who did the garnishment and asked for a copy of the paperwork they told me to call the number provided. I call the number and ask them for a copy of the paper work and they just tell me to call the bank and they are the company that did the garnishment. I have attempted to set up payment plans with them before but they say the amount I can pay is to small and wouldn’t stop future bank account garnishments. I only make $10 an hour so it’s not like I get a lot each week and already live paycheck to paycheck and now my account is going to be very negative come Monday when everything is processed because I had bills pending withdrawal when they froze the account for the balance before anything processed. What can I do to get the monthly payments I offered to be enough? Also I have asked this company for print out of the account and every six months they redo everything and add on more fees which puts me almost back where I started so I am never making a dent in anything. They refuse to send me any paperwork on the account. Is this legal?

  67. My childrens father bank account was frozen for being over 21,000.00 in arrears for child support. I have always worked so therefore I have never recieved public assistance. My question is since I never got any other assitance who will get the money that was taken out of the account and how long will it take for them (whomever that took the money) to let me know anything.

  68. When I got divorced 5 years ago, it was written in our divorce decree that my ex-wife would be responsible for all her medical bills She racked up a lot of them). I was in charge of the credit card debt & I got the house. A few days ago, I was served wage garnishment papers at my work for unpaid medical bills that she had racked up & not paid. I was not sent any kind of notices or anything, just handed the garnishment paperwork. I was informed that she was not served papers because she is not working. I was also told that one the garnishment starts it is hard to stop. How is it that he medical bills not being paid can effect me after being divorced from her for over 5 years?? She has over $10,000 of outstanding medical bills that I already had to fight to get off my credit report. Am I going to have my wages garnished for all the other too?? Isn’t there some kind of statue of limitations (time wise) or my divorce decree valid??

  69. I recently was found guilty of contempt of court by a judge in Iowa… My wifes attorney claimed i was deliberately withholding my Earnings to avoid paying child support. The divorce affidavit stated the dates that my wife and i should have all income, earnings, property, etc. turned in. Because of rescheduling of court dates the dates on the deadlines changed. My wife and I where both guilty of not having certain things turned in a appropriate time. Her attorney charged me with willful contempt. Which i admit on aspects i was late on, but she was also. They ended up giving me contempt on failing to give my check stub to her lawyer in a timely fashion. Even though the date on my court paperwork clearly stated the date to which i had to have it turned in by. The contempt trial was Nov.9th the deadline on the paperwork states nov 30th, both parties did not have there legal affidavits completed. but i was the only one to get contempt. The judge ordered me to pay $199.96 a week, which i was fine with. But im not ok with the contempt charge. They also ordered me to pay her attorney $600 in attorney and processing fees. I received no notice the money was gone before a could even file an appeal or get anything exempt. According to Iowa law it says they need to give legal notice within 7 days of the bank levy in Iowa. It took them 11 days. My wife’s attorney is the assistant prosecutor in our district. My lawyer objected several times to Judge that what he was bringing up in the contempt hearing was irrelevant to the contempt charge only to get over ruled time after time. The judge has predominantly sided with females. I feel I’m not getting treated with the same as my wife because of her Attorney. She also comes from a family considered by many to be prestigious. My family not so much on the social economic scale. What are my rights when they take money out of my account and order me to pay child support. I now have a negative balance and have accumulated many over draft charges. I thought they would give an option for installments. I don’t know the law well and was depending on my legal counsel to explain this to me. I figured that’s why I hired him to help me navigate this divorce. All I want is Joint Custody with the kids. I could careless how much money i spend or they take… I just want to have a fair shot. I have had no legal run ins since 1999. Never a felony. But I feel like I’m being portrayed as a ruthless super villian in court by her and her attorney. I could use some help. Or at least where i stand on some of these issues. Thanks,,, Timothy Washburn

  70. I live in SC and have a judgement coming for $18,000 in cc debt. I understand that wages cannot be garnished, but can my bank account? Also, I live in a house that is valued at $105,000 and owe $83,000, can it be sold out from under me to settle those debts. I cannot sleep, cannot get a loan to pay and cannot write a check to settle. Please provide me some direction, PLEASE.

  71. My husband pays child support but lost his job due to being laid off recently,we have notified his child support agency with the details .i knew his balance to be zero as everything was paid in full each month and by his monthly statements. Early this year they did a tax offset n took a good portion of our refund (no problem there) he owed it in arrears. They (Cesa) gave us our state tax back because the balance was paid in full. Now after telling them (csea) in December they state he owes over 200 dollars from a 2010 balance that has appeared from nowhere. They had been garnishing his wages from the get-go and when the balance was paid in full continued to take it until my husband asked them to stop, they did and then the next month ( this happened in July) paid him back the balance he overpaid…how does my husband owe from that long ago and we’ve asked them for a adjustment review but seeing as he doesn’t have a job and we share the same bank account (I added him to mine) I’m the only one earning wages can they take or levy the account when it’s only my wages being put in there.

  72. My bank account was garnished. The debt has been paid (Dec 3, 2015) and still sitting frozen in my account. The creditor keeps calling me as if I still owe the debt. So I called my bank to ask why the creditor has not been paid. I was told by the bank’s legal dept that the creditor has to present a release form in order to get the funds. I called the creditor and told them that. But the creditor keeps telling me they haven’t received any money even after telling them they have to file a release of funds form. I even called and left messages for their attorney and he never returns my calls. Now they are trying to go after my wages. But the total amount owed to them is frozen in my account. What can I do? I live in Maryland.

  73. My daughter just turned
    18 this month. I received a letter for a hearing in April to set a payment plan for the past due amount owed. They are currently still withholding payments from my paycheck and just a couple days ago I got a letter stating they were freezing my bank account as well. My wife just started to work and until the end of February, mine is the only income we have which I guess child support is laying claim to 100% of. How can they take payments from my wages, plus set a hearing for a remainder payment plan, and yet turn around and freeze every dollar I make? The system only makes it impossible to make payments if I don’t have any money for the basics needed to work in the first place.

  74. In the states of Alabama and Florida, can unpaid medical bills give creditors the right to take your home (if it has no mortgage) and your bank account/savings account?

  75. My wages were garnished for a car my exhusband and I bought 5 years ago. I recently lost my job. The collection agency served me yesterday with papers saying I have to appear before a judge with all titles and deeds to anything I own as well as wage earnings for past two years. Is this legal?

  76. My bank account was levied due to child support arrears. For the last two years the full amount has been taken out of my check. That leaves me sometimes not taking anything home or sometimes $85 after working a full week. How can they still levy my bank account if I’m paying the full amount. I drive trucks I have been homeless for the last 2 1/2 years because I can’t afford a place to stay. I have to live in my car. Now I can’t even pay my bills because they took every dime. I can’t even buy something to eat or items required to do my job like gloves and safety equipment. I need help.

  77. My bank account was levied due to child support arrears. For the last two years the full amount has been taken out of my check. That leaves me sometimes not taking anything home or sometimes $85 after working a full week. How can they still levy my bank account if I’m paying the full amount. I drive trucks I have been homeless for the last 2 1/2 years because I can’t afford a place to stay. I have to live in my car. Now I can’t even pay my bills because they took every dime. I can’t even buy something to eat, clothing, or items required to do my job like gloves and safety equipment. I need help. I can’t live on air alone

  78. I had a judgement granted against me for 5,100 in 2008, since then 3,300 has been paid. But because of interest and fees it is still showing 5000 owing. How do I know if the amount they are changing in interest is correct or legal? Is there a formula to check? I want to offer a settlement but want to squash out as much “interest” as possible.

  79. My husband was recently served with a court ordered garnishment from a credit card debt collector. This was a debt from before we were married, so I am not liable to any debt, but because we have a joint checking account, they wiped us completely clean. He was served with papers but chose to ignore them. How is it possible that they can take my money as well when I have no obligation to this debt??

  80. My bank account has been frozen due to a court ordered garnishment for a judgement. I am not disputing money owed. What I want to know is is it legal for them to completely freeze all my assets. To the best of my knowledge they are only allowed a percentage per week or so.

  81. I live out of state from where my judgment was, is it legal for the judgment to start garnishing my wages now that I live out of state? Don’t they have to file in this state now as well?

  82. My check is currently being garnished 40% from 2 different companies. My payroll department stated that they had to follow the court orders for both (25% & 15%). What can I do to stop them from breaking IN laws?

  83. My friends mom stole and totaled my boyfriend’s truck,well he won in court the $5,000 lawsuit but hasn’t been payed cause a she’s on ssi amd thats her o ly income ect..
    Well she just got a little over $90,000 from her mom dying,she has the money in her daughters account because she doesn’t want to lose her monthly ssi check,so im wondering if i can get any money from her daughters account with the $90,000 in it??

  84. Can I file a bankruptcy to stop a default judgement from being a lien or garnishment? Does my husband have to file bankruptcy too, or can it just be me? The bad debt is in my name and from a business that went belly up.

  85. Wages have been garnished twice since the debt was paid off. Court received the payment and judgement was satisfied. I over payed $250 due to the garnishment. How long should it take for me to receive the refund?

  86. Received a judgement from not being able to pay a CC to WF bank. Today WF seized $2,065.23 and now I’m broke. Punished for being poor I suppose. Can the bank do this and leave me destitute? What are my options and defenses. Trying not to be a loser here!!!

  87. We have an SCorp and apparently failed to appear for someone’s wages being garnished that doesn’t work for us. Now the business account has been garnishes and its payroll week. Is this legal?

  88. My husband and I just got a judgement on us from our previous landlord for $3,353. We live in NC and as far as I have read the landlord can’t garnish his wages but can levy his bank account. We have 4 children to take care of and tried to offer them montly payments but they refused it. My question is how long does it take for the landlord to get a writ of execution to levy our entire paycheck after moving?

  89. I’m in Florida and just received a writ of garnishment under my maiden name to garnish a Bank account I don’t have anymore and haven’t had in years. This all from a judgement from 2007. I recently lost my husband and we were living off his SS and I was his caregiver. I do not have a job and rented 2 bedrooms out in my house to my friends so that I can pay my lot rent and bills and not lose my house. It’s not enough to survive so I get help with Food stamps. My total monthly income is just $1000 a month. I have no wages or money in that bank and my mobile home is Homestead protected which I filed some years ago. They also want documents I don’t have like tax returns which I don’t file because I don’t make enough, no pay stubs because I have no job etc. Hard to find a job when you’re over 50 and have been a family caregiver most of my life for ill family members with no current work exp. I do have an online bank account that does not have branches under my married name just so the $1000 I get goes into that account to pay the bills and it’s pretty much gone in 2 days. What do I do?? With the little money I get a month to pay my lot rent and bills can it be garnished or shouldn’t it be exempt? It’s not much and I need it to live.

  90. Hi, I got a wage exemption from a court hearing with the judge signing the order to return my money that has already been taken, it’s been a month and haven’t seen anything happening and employer is still taking out garnishment. I agreed at the time of the hearing to pay $50 a month towards this out of a wage garnishment, is it normal to take this long for exemption to take place ? And will I receive my money from the past paychecks that have been garnished since the hearing ? Thank you very much !

  91. My husband got a tax levy as well as child support garnishment. To my understanding 25 % of disposable income is the max. And that does not matter how many are in place ita 25 max? Bc they are taking 20 percent of child support and then 25 percent tax levy so a total of 45 percent of our income is being taken and causing us major hardship. When speaking to irs they stated that they should be only taking 25 in total and then are company went and argued that they are taking out the right amount. We went from 1900 to 1000 and something does not seem right here.

  92. I live in Michigan. Can child support garnish and/or completely intercept my student loans or veterans funding?

  93. My husband and and my joint account was just emptied without any notice of law suit or judgment for a credit card that was fraudulently opened in his name when he was a senior in high school 22 years ago. It is my understanding that a judgement cannot be ordered unless a person is given a summons to defend him or herself. We believe this lawyer proceeded to obtain a default judgment of a debt that is outside of the statute of limitations illegally. If you can help please contact my husband or me. We are in TN and the judgement is in KY.

  94. My wages are being levied and child support is also deducted. My employer took 25% PLUS the child sup. From my check 2 weeks in a row even though I brought it to their attention. They said they will look into it, but I’m unable to get that money back, what are my options

  95. Is there a statute of limitations on a judgment? I live in Kansas, and yesterday I received a non-earnings garnishment notice in the mail from an attorney’s office whom I had been paying an old credit card debt to years ago, but I had stopped making payments. The judgement against me was dated May 19, 2005…so a little over 11 years ago. I made payments to them for about 2 years…so stopped in probably 2007. I thought I had read some about the S.O.L. on a judgement being 10 years. Also, I bought a house a year ago, and this debt was no where on my credit reports.

  96. I have a money judgment and obtained a writ of garnishment on XYZ’s account. Prior to getting the money, XYZ died. Do I now have to go through the estate which has not even been opened yet or can I proceed since I already have the judgment and writ of garnishment?

  97. The state is garnishing my pay for back taxes. Can they also attach my bank account?
    They already take 25% of my check. Can they take the balance which I deposit in the bank?
    Doesn’t seem fair if they take 100% of my pay.

  98. I am currently behind on some debts and working out if I want to file for bankruptcy. If any lawsuits come against me and a creditor tries to garnish my wages can they even though I make less than $435 every two weeks? I typically only make about $375 every two weeks after taxes and my 401K. What would happen if I default judgement was made? Would I still be garnished or would my employer be notified even though I make less?

  99. My bank account has been frozen due to a garnishment but the company who issued the judgement still calls wanting me to make a payment. Are they LEGALLY allowed to continue to call me??

  100. I have had a judgment against me since 2011 from my ex wife suing me following our divorce. She has attempted several times over the years to have this garnished from my wages but it has failed every time due to the amount that is already garnished from my wages for child support (it was about 57% of every pay, now it is about 48% of every pay). She just had a lawyer file to have my bank account frozen (there is currently $2400 in it, which is my money to live off of and pay bills and support my 4 sons when I have them every other weekend and over the holidays). If my employers cannot garnish my wages any further how can she have my bank account froze? At this point I have absolutely no access to funds to buy gas to get to work, food, bills, etc…

  101. I had my student loan deposited into my dads bank account, the next day my dads account has been frozen and we are not sure why.

  102. Can you help??my bank account was garnished for a medical bill and my account is frozen…can you help with a debt settlement to react and get the account unfrozen as we work towards getting it settle with a reasonable amount..I also have no money in my account so its negative the whole amount… Please help if you can!

  103. My bank acct is currently frozen. I received funds from a sponsor and agreed to repay. However, I turned ill and kept the creditor informed every step of the way as I was recovering. Now without any notice of garnishment or judgment against me, my acct is now frozen. I haven’t been able to pay any bills that I’m behind on to begin with. I’m more than willing to pay now that I am able…but what can I do about the non-notice? I wasn’t served with any notice and totally blindsided by this at what is already a very tough time.


  105. hello i have a garnishmet to my bank account from an old debt. its for me personally but i have a joint account with my husband if i remove my self from the account will they still continue to garnish that account?

  106. Do you have to respond to a writ of garnishment if you don’t contest it and take it to court? At this point I just want it paid off and am sick of dealing with them. I just paid them our agreement amount on the 13th. I live in Arkansas.

  107. Hi so I just got my Writ court papers in the mail yesterday and my next check I get is on thursday this coming week will they garnish out of my next check or how long does this take ?

  108. Just a quick question- If you have a wage garnishment for an old credit card debt being deducted from your payroll check, Can another judgement be filed against your bank account? Just had this happen where $1000 was frozen, and I have yet to be notified, however I currently have a wage garnishment for an old credit card debt executed against my paycheck. I am wondering the legality of this, I live in NJ.

    • We sent you an email for more information, did you respond or call? You can only be garnished up to a certain amount of your earnings, no matter how much the judgment or the number of collectors. Its often up to 25% but it depends on several factors.

  109. My bank account was frozen today from that Attorney Generals office (so I’m told) for an old student loan from 1997. I have not received any information stating that I was being garnished. They previously contacted my employer and was not able to garnish my wages through my employer and I now assume that is why they have frozen my checking account after my deposit with no warning or information being given. Do I have any recourse to this action? I attempted to pay on the student loan last year, however, the only amount that they would agree too exceeded what I had available to pay. I was later evicted from my home behind this. As I am a teacher, I had to agree and begin making the payments at the assigned amount so that my teaching certification could be renewed as I was being terminated for an expired certification. I had paid for my renewal, but it was not honored due to the hold that had been placed. As I told the lady then, I do not mind making a payment, unfortunately, it just can not be at such an excessive amount. Agree to a lower amount and I can make the payment. What recourse do I have at this point for what has occurred today? If something isn’t done within the week, I will be facing eviction again at my new residence. This is ridiculous, no warning or discussion and you are left with absolutely nothing to live on. I can truly see why giving up on life is an option for so many of us who enter public service and work daily barely scraping by only to be defeated again by someone who admittedly doesn’t care about your bills or life.

    • Student loans are a different animal…you are going to lose that money unless you can defer or forebear. So dealing with the immediate cash crunch has to be the goal, and debt settlement (paying less than the full balances of other debts you have) may be the best option for you. We sent you an email for more info, please reply or call.

  110. I’m receiving a retirement pension from government service and paying federal restitution from a court order. The amount of the restitution monthly payment represent 40% of the amount of pension received. Is this legally permitted or can I ask for a revision or reduction of restitution payment to 25% of pension?

    • Depends on what the restitution is for. You can always ask for a hardship reduction but again its fact specific. If the garnishment is causing other financial difficulties we may be able to assist through debt settlement, call for a free case review.

  111. Hello, I’ve had a garnishment take place against my bank about 11 years ago by a law firm whom represented a company who took the account from the original creditor.

    Garnishment from my bank account were taking place and monthly payments were taken from my bank account every month. Then all of sudden the collections stopped. I didn’t receive any notice from the law firm to why garnish payments stopped.

    This was in 2006. I recently just receive notice from the same law firm claiming to set motion to revive judgment against me regarding this case. Is this legal and and do the statue of limitation apply to this situation? Also, I just feel like this is wrong because there was a judgment in place years ago and it stopped, which had nothing to do with me being that it was taking out if my account as judgment that was set in place.

    • We sent you an email for more info but we’d like to see the documents and gather some more facts, sounds like it could be an FDCPA violation. Please reply or call.

  112. In 2012, a debt collector lawyer (in Kansas) was snarling at my heals. I had gone through a drawn out divorce, completed college (with a $25k loan), and a handful of other bills. The only income came from low paying para-educator jobs. I have been scraping by for many years. I have re-paid as many debts as I can. The debt collector tried for 4 years to nail me in court. I could not afford an attorney. I read up and tried to learn what I could. I claimed the exemption of 25% because my income was less than $20k a year and I have a minor (no alimony, just a small child support). I have a car loan debt of $13k left to pay off. I explained, to the Judge & Credit Collector that I was claiming the 25% exemption. The Judge said that didn’t work in Kansas. I was shocked. The Credit Collector stole money from my sibling. I took proof that my money never mingled with his (took 3 years of bank records). Just because my name was on his account because he has no children. The Credit Collector took over $3k from my brother. We were stunned. I have been getting garnishment notices, from this lawyer, that he is garnishing accounts that are not even mine (different cities & counties in Kansas). It appears, to me, that this guy is able to siphon money from whoever he wants and their is no accountability. Who keeps tabs on what these Credit collector lawyers are doing? I told the court that as a single, primary parent that I need the money to pay for basic needs. I don’t get food stamps or other welfare. I have been told that because I only have 1 child that I don’t qualify. So far, the Debt Collector has not tried to steal the money from my current account. Once he had a freeze on it until the Judge put a 1 time limit of no more than 25%. The Credit Collector Lawyer has not attempted to steal from that same account because of that motion. The Court order was put into motion April 2016. Now, I just got a notice that he is going after someone’s account in another county and city. Is there any time limit to a court order allowing a Debt Collector to continue to garnish? I have earned such little money and I cannot afford to lose any of it. My student loans are are continuing holds because I have no money to pay them back. I’m very disappointed in the legal system which allows corrupt lawyers to siphon money out of accounts without being held accountable for who they take money from and how much they get away with. When I got a divorce, my attorney made certain that I could get some of my ex-husband’s social security. Is all social security benefits exempt from debt collector lawyers? What about is it exempt from student loans? Is it true that student loans, if unpaid after a certain number of years, can be forgiven?

    • That’s a lot to try and unpack, and we need to see documents to have any chance. Do you have records for all this? We sent you an email asking for some additional information, please reply or call 888 595 9111.

  113. I have filed through small claims and had the court hearing. The judge ruled in my favor. It has been about a month and a half and I just received a payment of $25.00 on a $854 balance not including the 3% interest. Since that doesnt’ even cover the interest, can I file for garnishment?

  114. I’m in Texas. If I have a judgement placed against me and they freeze my account can they take the money in my 16 year old daughter’s account? The credit union had me be listed on the account as she is a minor.

  115. I am currently on workers compensation. I work a second job but only make $150 every two weeks tops. My fiancé also works full time and all of our money goes in the same account. I checked my account tonight and it has been cleared out and all it says is garnishment. I thought that wc could not be garnished and also they can’t take my fiances money for my debt. Any advice?

  116. I live in Oklahoma I receive va disability and my wife receives social security we are currently $30grand upside down on our car I know a lot.
    Everywhere I go they tell me let the car go default
    No one can touch my money it is protected.
    If I do that are they right. We all so own our house and 80 acres outright could they take that from us if we default. Thanks

  117. After our divorce, Escrow was distributed. All assets were money, no property. My ex-husband filed an appeal. He won. Now I owe him $59k. This money was a reimbursement claim amount for my Mom’s inheritance money. My attorney didn’t advise me that I needed receipts, although he knew I had them and my ex verbally said on court record that my inheritance was spent to increase the value of our home and property. Per Texas law…. You have to have receipts.

    The lower court has not received the appeals court docs yet. Once they do, I know my ex will file a judgement against me. Which is a civil divorce judgement. I live in Texas and spent the money on a home in. According to Texas law, I’m protected from creditors, due to homestead laws. And he cannot garnish my wages. But…. I think he can do a writ of garnishment on my bank accounts? Can they take everything in my account continually? Including all my direct deposit paychecks? I’m a single mom with a low income and not sure what to do? Can I file a Bankruptcy with a civil divorce judgement?

  118. I moved from ky to pa and started getting garnished for credit card dept are they able to garnish paychecks and bank accounts? I have a bank account in my name for the benefits of my child because he recieves ssd and is a minor can they garnish his account even if it says for the benefits of and his name.

  119. I’m being garnished for an old credit card. Both my employers name and company are listed as liable and I’m confused as to why? Why isn’t only the company listed and is there a way to remove my employers name as responsible?

  120. Hello, I am wanting to know about child support issues. My husband owes child support in Texas but we live in North Carolina. He just had a bad feeling about his bank account and sure enough his account was frozen from child support. Really I have asked him to get a DNA test and make sure that the child is his. We really need a lawyer but at this point we are just trying to make bills and can’t afford one. State of Texas is trying to make him pay $53,000. Texas is taking 14,000 of it. I just don’t know what to do at this point. They took our tax return money and all of his settlement money he was getting back in December and now freezing his bank account. I need advice bad with this. And if I don’t get any help then we could lose everything we really don’t have. HELP PLEASE. There is a lot of important that isn’t in this but I can’t tell it all at this point.

  121. I recently had my bank account garnished. I only had 600 dollars in the account. Now when I look at my account it is saying, that I have that amount available. How long is it before the creditor actually takes the money out of the account?

  122. Apparently I had a judgement issued against me in August of 2008 which I didn’t know about, It’s getting ready to expire in August of this year so the the debt collection company decided to garnish my wages and attach my bank account, the total owed is only $872.52 which they have already taken out of my bank but now my employer has just received the paperwork to start garnishing my wages for he same amount. Is this legal? How do I stop it? the original debt was only $250.00 and now they are going to collect $1745.04 on a debt that has already been written off. This debt doesn’t even show up on my credit report anymore. Can I do anything to stop this? this has to be illegal. They are now collecting twice on the same debt.

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