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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26418
Experience:  Litigation Attorney
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if I have a lean on my bank account do they take every $$ even

Customer Question

if I have a lean on my bank account do they take every $$ even if its my weekly paycheck?
Submitted: 3 years ago.
Category: Legal
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.

 

If your bank account is garnished, any money in the account is subject to seizure.

Customer: replied 3 years ago.
any money that goes into the account in the future
Expert:  Roger replied 3 years ago.

No. A bank garnishment is a one time dip into the account. Whatever is in there at the time the bank receives the garnishment is seized.

 

However, the creditor can issue a bank garnishment as often as it wants to. So, it is possible to have repeat garnishments.

 

The best thing to do if youre account is garnished is to open a new account at a new bank so the creditor would not have any knowledge of where you're banking. It can be a hassle, but its better than having your money taken away from you.

Customer: replied 3 years ago.

My federal tax return is being deposited on friday, will they take it all

Expert:  Roger replied 3 years ago.
If they have a garnishment on your account and the money hits, yes, it will be subject to seizure.
Customer: replied 3 years ago.

But if its a 1 time dip how can that happen

Expert:  Roger replied 3 years ago.
As I said, IF they have a garnishment on your account, it will be taken. If the garnishment has already been paid out, it won't be available again unless they file another.
Customer: replied 3 years ago.
I dont understand, there is a lien on my account as of today. Does it remain until the balance is paid in full?
Expert:  Roger replied 3 years ago.

If the bank gets a garnishment for $5000 from a creditor and your account has $1000 in it, the bank will remit the $1000 in satisfaction of what the account had in it at the time of the garnishment. The garnishment should not continue indefinitely.

 

However, the creditor can issue another garnishment to recover additional funds from the account.

Customer: replied 3 years ago.
So they have to keep repeating the process every time if theres not enough to cover the debt? Is it only for what is in the account that day? Im not trying to be ignorant I just want to understand completely
Expert:  Roger replied 3 years ago.

Here's what the Nebraska law says:

 

Garnishment is a legal aid in the execution of a judgment; it is a method by which a judgment creditor can recover against a third party for the debt owed by a judgment debtor. Under Nebraska's garnishment statutes, a judgment creditor may request that the court issue a summons of garnishment against any person or business which has property of and is indebted to the judgment debtor, Neb. Rev. Stat. § 25-1056(1) (Reissue 2008). The garnishee then must answer interrogatories and disclose the property of every description and credits of the defendant in his possession or under his control at the time of the garnishment, Neb. Rev. Stat. § 25-1026 (Reissue 2008). A garnishee can be discharged if he chooses to pay the money owing to the defendant by him into court, Neb. Rev. Stat. § 25-1027 (Reissue 2008). But if the garnishee does not pay the funds into court and the garnishor is not satisfied with the garnishee's answers to the interrogatories, the garnishor may file an application to determine the liability of the garnishee, and may allege facts showing the existence of indebtedness of the garnishee to the defendant or of the property and credits of the defendant in the hands of the garnishee, Neb. Rev. Stat. § 25-1030 (Reissue 2008).

Customer: replied 3 years ago.

Sorry but reading that makes me feel even more stupid. Is the bank account just garnished for that day or does it keep being taken out until the debt is paid in full?

Expert:  Roger replied 3 years ago.
Usually, the bank answers by turning over the money in the account and that's the end of it. This is usually the case because the person closes the garnished account.

If the bank has answered the garnishment and paid money, it should be over. However, if the bank hasn't, it will likely br obligated to pay your money over.

It's all about the timing of things.
Roger, Attorney
Category: Legal
Satisfied Customers: 26418
Experience: Litigation Attorney
Roger and 4 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thank you

Expert:  Roger replied 3 years ago.
Sure. I'm going to do some additional research to see if I can runs some additional info. If I do, I'll pass it on.

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