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I received a judgment against a defendant. He has no non-exempt real estate. I understand that I can get a Writ of Garnishment on a bank account. I now where he banks, have the account number of one of the banks but only the name of the other. After getting the Writ from the court, how does the bank part work? Do they take all of the monies to satisfy the judgment, or just a percentage?

Submitted: 439 days and 6 hours ago.

Category: Legal

Value: $15

Status: CLOSED

Montgomery, Texas

Already Tried:
Just online search for how to get my monies from the judgement.

Posted by JD 1992 439 days and 6 hours ago.

Answer

When the writ of garnishment is served on the bank they "freeze" the whole thing until the defendant has a chance to file an answer and the court will rule on what is exempt and what is not. If he is married a portion of the money probably will be found ot belong to his wife and, in addition, some judges rule that if it was wages that were deposited in the bank they are exempt.

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438 days and 10 hours ago.

Reply

thank you, the defendant is not married and this is his personal bank account. I understand that the bank is served the writ and I do not take it to the bank, is that correct?

Accepted Answer

That is correct. It is essentially a lawsuit against the bank.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR TEXAS ATTY” in the subject line and I will pick up the next time I am online.

Accepts:
Expert:	JD 1992
Pos. Feedback:	98.8 %
Answered:	9/11/2008

Attorney

Active attorney since 1992

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Montgomery, Texas

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Just online search for how to get my monies from the judgement.

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thank you, the defendant is not married and this is his personal bank account. I understand that the bank is served the writ and I do not take it to the bank, is that correct?

Accepted Answer

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Montgomery, Texas Already Tried: Just online search for how to get my monies from the judgement.

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thank you, the defendant is not married and this is his personal bank account. I understand that the bank is served the writ and I do not take it to the bank, is that correct?

Accepted Answer

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Montgomery, Texas

Already Tried:
Just online search for how to get my monies from the judgement.