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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111557
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have some questions regarding a bank account garnishment

Customer Question

I have some questions regarding a bank account garnishment by a debt collector? Can you assist?
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us regarding the matter?
Customer: replied 1 month ago.
Is there anything I can do about this? I think they said judgement was placed in 2013, now 3 years later they are garnishing my bank account...I never even received any documentation. They said they only have to provide it to me after the hold on my account is placed.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
If you never received notice of the suit against you, then you can go to court to file a motion to vacate the judgment in addition to filing your objection to garnishment with the court. If the court finds you were never properly served with a copy of the suit and a chance to defend, then they can vacate the judgment and stop the garnishment.
If the funds in the account come from social security, those funds can be exempted from garnishment and you would have to prove the amount of funds from social security. Unfortunately, while Texas prohibits wage garnishment, the law says once wages go into a bank account, they may be levied from the bank account even though they were from wages. So, if you cannot get this judgment vacated or if the funds were not exempted social security funds, there is little you can do to stop a garnishment on a valid judgment.
Customer: replied 1 month ago.
They told me I didn't have to be the person served or the person to sign for the documents, it just had to be someone over age 18. This is a valid debt and a valid judgement as far as I can tell. Just very frustrating since I have been working on repairing my credit for the past few years, I would have gladly made some type of arrangement on this debt rather than this....I am now afraid to put any money in my account.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
You did not have to be the person who signed, but a legal resident at the place of service had to sign. If it is a valid judgment, you need to call to negotiate some resolution with them to get payments made or they can keep levying your account. In the meantime, you need to find someone you trust to use an account in their name until you get this resolved.
Customer: replied 1 month ago.
I asked if some type of arrangements could be made and they td me no, I should have come to court. But I had no idea I was suppose to go to court...very frustrating that someone else can sign for a document like that and I have no knowledge of it. I have 3 teenagers who could've signed for it as well as a housekeeper or babysitter...when the debt is paid in full will they remove the judgement from my credit report? The original amount of the bad debt was around 1700 but so far they are going after 2700 and won't tell me if that is all they will be taking
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Unfortunately, if they prove they served the document on someone at your domicile in accordance with the law then it is valid service. You need to go to court to see who signed for the service, but if someone over 18 signed then you are going to be stuck. They are entitled to go after the judgment plus interest, so you need to go to court if you want to dispute service and object to the garnishment and seek to vacate the judgment.

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