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VanDLaw
VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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Hello. I am having to attend a judgement debtors hearing Thursday

Customer Question

Hello. I am having to attend a judgement debtors hearing Thursday on an old debt. I understand that my bank account can be taken. I owe a lot on my home as well as my car, so I am not too worrried about that. My check however is directly deposited into my checking account, so can I take my money from this acccount and then change my direct deposit from my employer to another acct that is not in my name to protect my income? Or is that considered contempt of court? I live in OH
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.

HelloCustomer

 

Your issue is not going to be protecting your bank account, but your wages. The judgment creditor will attempt to garnish your wages before the net is deposited into an account, so it won't matter where the money is going to end up, they will have already taken the money out.

 

If you have a large balance in your bank account that may cover the judgment then they may go the route of seizing your bank account.

 

And yes, if you move money to avoid the judgment Ohio has the Ohio Uniform Fraudulent Transfer Act, which you would be in violation of which could cause more potential issues for you.

Customer: replied 8 years ago.
<p>before a garnishment is ordered, do they not have to offer payment of 1/4 of gross amount of my check after legal deductions? I have had judgements before, and before the court ordered garnishement thats what was done.</p>
Expert:  VanDLaw replied 8 years ago.
Yes, Ohio follows Federal garnishment laws, and they can only take up to 25%. You also can claim your wages should be exempt for various reasons.
Customer: replied 8 years ago.
thanks for your prompt reply. I am accepting your answer.
Expert:  VanDLaw replied 8 years ago.

You are welcome! Best of luck!