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Is there a judgment from a court already in place?
Was the money removed as a result of a garnishment?
What kind of debt was it?
They absolutely are not supposed to garnish a bank account without a judgment in place.
In other words, if you were sued and had a judgment entered against you then they can garnish a bank account.
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.
You need to go and have a local attorney look over your paperwork.
That may just be something the bank uses. It may be a regular garnishment.
A garnishment is an order from the court stating that they can seize funds.
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.
It wouldn't surprise me. I have seen a number of "fake" garnishments.
You need to have a local lawyer look at the court records and determine what happened.
You really can't know what to do until you find out if the order is legit.
In the meantime, don't put any money in any bank.
Most attorneys won't charge you just to look at it.
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.
You can also go to legal aid and ask them to just determine whether it is a valid order.
No, it is unlikely. If they were just willing to return it then they wouldn't have seized it in the first place.
I understand your frustration. What state are you in?
Let me see if I can find a link for you that explains what property is exempt from creditors there in MN.
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.
That link is http://www.ag.state.mn.us/Consumer/Publications/Garnishment.asp
The creditor also has to follow certain procedures.
That could easily be where they messed up, particularly if there isn't a judgment.
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.
Did you have any additional questions?
They were supposed to under Minnesota law.
Look at 5c on that link I sent you.
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.
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.
I know they are bottom feeders that are consistently accused of engaging in unethical conduct.
I absolutely would not trust anything they do or say.
You absolutely do not want to trust that they did things correctly.
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.
No. Midland Funding will absolutely not return your money. They get threatened all the time.
The threat of a lawyer will do absolutely nothing.
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.
No, all we can do is provide information.
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