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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27888
Experience:  30 years legal experience
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On August 1st, I received a "Writ of Garnishment after Judgment"

Customer Question

On August 1st, I received a "Writ of Garnishment after Judgment" in the mail addressed to Wells Fargo Bank. I in turn checked my bank account and found that they had already cleaned out my savings account but did not take anything out of my checking account in which I checked with the bank and "no" hold was entered on the account.
My question to you is as follows: I am retired living off of my social security check & pension check, that are directly deposited into my checking account. Can they monitor my checking account and take that money? If, they can should I have social security & pension check sent to me in check form?
What can they do about vehicle that are over 10 years old, 401K, camper that is over 12 years old and my home that is with Wells Fargo with no equity?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  LawTalk replied 11 months ago.

Good afternoon Clarence,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

So long as you have an account into witch ONLY your social security payment is sent, and you do not commingle other of your moneys in the account, that account will be immune to garnishment by your creditors.

If you have your regular pension check placed in the same account, then close that account immediately, and open up two accounts at a new bank---one for just your social security and on for your other payments received. And I suggest that you take the money out when you get it from your pension and operate in cash. That way the account cannot be levied on. You might also ask that your pension be paid to you by check from now on as well and you can cash that and keep the cash.

Your retirement benefits are not touchable until they get into your bank---so the 401K is protected. It is highly unlikely that they will do anything with your older car or camper.

If there is no hold on your checking account now, then close it out, leaving enough in there for outstanding checks only---and go to a new bank where the creditor won’t fine you.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27888
Experience: 30 years legal experience
LawTalk and 7 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

I appreciated your time. You have given me the answers that I need at this time but if I come up with another question. how do I contact you directly and if I do come up with another question will I be charged again? If so, I will not be able to afford the fee over and over.


 

Expert:  LawTalk replied 11 months ago.

Good afternoon Clarence,

If your questions in the future are directly related to this question you just asked, then just come back to this thread at any time and ask me. There is no additional charge for that. This thread will always be open to you---even years from now.

But if you have new questions about different subjects each new question would have a separate charge. If you think that you will be using Just Answer on a regular basis, you can get a monthly subscription that allows you to ask pretty much unlimited questions.

Thank you for your kind words. They are appreciated. Please also keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.


Thanks again, and I wish you the best in your future.


Doug

Expert:  LawTalk replied 11 months ago.

Thank you for your positive rating of my service, Clarence. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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