Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Was your Ch 13 dismissed?
It appears that the creditor attached the funds in your account to partially satisfy the judgment. A judgment creditor can attach bank accounts to satisfy a judgment. The creditor is not required to garnish wages although the creditor may also do that.
How can they attach more than is in the account? Will this affect future direct deposits?
What can be done to allow some funds for living expenses? Please answer as completely as possible. I'm asking this for my friend who is very upset, her husband lost his job. I'm trying to help her.
The entire amount can be attached without regard for living expenses. This is unlike a wage garnishment. They attached more than was in the account to provide for the possibility that additional funds may be deposited into the account.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).