How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dwayne B. Your Own Question

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26935
Experience:  Began practicing law in 1992
11068102
Type Your Legal Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

is itnlegal for a debt Collector to take every penny from Bank

Customer Question

is itnlegal for a debt
Collector to take every penny from
Bank account
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Is there a judgment from a court already in place?

Customer: No not that i know of
JD 1992 :

Was the money removed as a result of a garnishment?

Customer: It said wage
Customer: garnisgment. But my monthly income is only 1200$ a month. Thu took 1300$ out
JD 1992 :

What kind of debt was it?

Customer: Old credit card
JD 1992 :

They absolutely are not supposed to garnish a bank account without a judgment in place.

JD 1992 :

In other words, if you were sued and had a judgment entered against you then they can garnish a bank account.

Customer: Like in a court of law?
JD 1992 :

Yes.

Customer: I never went to court or
Customer: got served papers. I thought evn if i dis thwy could only take a certain percent of my
Customer: income
JD 1992 :

They can only take a certain percentage of your wages but once it hits the bank it isn't considered wages. A wage garnishment order is usually sent to an employer.

JD 1992 :

You need to go and have a local attorney look over your paperwork.

Customer: On my bank stayement it says wage garnishment
JD 1992 :

That may just be something the bank uses. It may be a regular garnishment.

Customer: Whats a garnishment? They took every penny i had
JD 1992 :

A garnishment is an order from the court stating that they can seize funds.

Customer: So they can take everything
JD 1992 :

Usually, yes they can seize all of a bank account. However, it needs to be a legal garnishment order and if they don't have a judgment in place it could be illegal.

Customer: I see this company got suedby the state attorney general in december if this year
JD 1992 :

It wouldn't surprise me. I have seen a number of "fake" garnishments.

Customer: So what do i do
JD 1992 :

You need to have a local lawyer look at the court records and determine what happened.

JD 1992 :

You really can't know what to do until you find out if the order is legit.

JD 1992 :

In the meantime, don't put any money in any bank.

Customer: I have no money!! I have other bills that are scheduled to come out of my acct
JD 1992 :

Most attorneys won't charge you just to look at it.

JD 1992 :

There is no way to get the money back unless the order isn't valid. If it isn't valid then you can file to have the money returned.

JD 1992 :

You can also go to legal aid and ask them to just determine whether it is a valid order.

Customer: The company wont just return it
JD 1992 :

No, it is unlikely. If they were just willing to return it then they wouldn't have seized it in the first place.

Customer: Jesus f**king christ
JD 1992 :

I understand your frustration. What state are you in?

Customer: Mn
JD 1992 :

Let me see if I can find a link for you that explains what property is exempt from creditors there in MN.

Customer: Minnesota
JD 1992 :

Let me give you a link to the AG's website. They list exemptions there and there are some situations where a bank account is exempt from garnishment.

JD 1992 :

The creditor also has to follow certain procedures.

JD 1992 :

That could easily be where they messed up, particularly if there isn't a judgment.

JD 1992 :

The bank should have sent you an exemption from garnishment form which you would fill out and claim that the proper procedures weren't followed and there is no judgment.

JD 1992 :

Did you have any additional questions?

Customer: The bank never swnt me any forms
JD 1992 :

They were supposed to under Minnesota law.

JD 1992 :

Look at 5c on that link I sent you.

Customer: Havent gotten any
Customer: I m going to lose my house if the moneys gone
JD 1992 :

You are going to have to move fast so you need to either see an independent lawyer or at least go and talk to Legal Aid.

JD 1992 :

It looks like you went offline so Best wishes to you on this and I hope it works out well for you.. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Customer: Last thing do you know anything about Midland funding llc
JD 1992 :

I know they are bottom feeders that are consistently accused of engaging in unethical conduct.

JD 1992 :

I absolutely would not trust anything they do or say.

Customer: They are the ones who garnished my money
JD 1992 :

You absolutely do not want to trust that they did things correctly.

JD 1992 :

I have heard of other cases where it was alleged they issued false garnishments, sued someone that didn't owe a debt, sued someone and never served them with the papers and lied about it to the court, etc.

Customer: So if i talk to thdm
Customer: them and threaten to bring in a layer do you think tgey will return thr money
JD 1992 :

No. Midland Funding will absolutely not return your money. They get threatened all the time.

JD 1992 :

The threat of a lawyer will do absolutely nothing.

Customer: Im not ever going to get it back am i
Customer: Is there anything you can do to help
JD 1992 :

You are going to have to get legal help there where you are. If it is Midland Funding there is a good chance you can get it back because they almost certainly didn't do things correctly.

Customer: Anything you can do to help
JD 1992 :

No, all we can do is provide information.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26935
Experience: Began practicing law in 1992
Dwayne B. and 4 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions