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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
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I just recently received a legal order from my bank account

Customer Question

I just recently received a legal order from my bank account at wellsfargo... If i open a different checking account with a different will this happen again ?
Submitted: 7 months ago.
Category: Legal
Expert:  Chris T., JD replied 7 months ago.

Hello. I'll be happy to assist you.

Is this a wage garnishment order?

Customer: replied 7 months ago.
Im actually not sure...
Customer: replied 7 months ago.
Its more of a levy on my account i think
Expert:  Chris T., JD replied 7 months ago.

It most likely is. Assuming that it is, changing accounts will delay the garnishment, but it won't prevent it altogether. Also, changing accounts to avoid the garnishment probably won't sit well with the judge, and he may take sanctions against you. The order likely says to levy any accounts held by you at that bank, so changing accounts will just delay the inevitable.

Customer: replied 7 months ago.
Your advice what should i do because 17k is not a truly owe with citibank credit card and it has been 10 years
Customer: replied 7 months ago.
In Texas isnt wage garnishment. Illegal for consumer credit?
Expert:  Chris T., JD replied 7 months ago.

Wage garnishment is not legal for certain types of debts, but is legal for others, such as child support payments. However, if it's a levy, as you suspect, that's a different issue, as levy is legal for most types of debts and judgments. In this case, it sounds like it's a levy, which can legally be taken against your account for a judgment against you. As far as the amount is concerned, if there is a judgment entered against you, it is likely too late the challenge the amount. If you never answered the suit against you, a default judgment was entered. Your opportunity to challenge the amount was when the suit was filed. Once the judgment has been entered, it is very difficult to go back and challenge it, except for extraordinary circumstances.

Expert:  Chris T., JD replied 7 months ago.

In other words, you can't fail to answer a lawsuit when it was filed, and then complain about the amount of the judgment when they try to collect.

Expert:  Chris T., JD replied 7 months ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "Rate" my answer before you go.

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