Hi - my name is XXXXX XXXXX X'm a litigation attorney here to assist you.
If your bank account is garnished, any money in the account is subject to seizure.
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.
My federal tax return is being deposited on friday, will they take it all
But if its a 1 time dip how can that happen
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.
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).
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?
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).