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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Several years ago I had a repossession of a vehicle approx

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Several years ago I had a repossession of a vehicle approx 30k. This was included under payment of a chptr 13 bankruptcy. Over the last 6 months I have not been able to meet the terms of the bankruptcy due to my husbands loss of employment. Today while looking at my transactions online I found out that my account was garnished. Before the garnishment I should have had 1100.00 in checking and 20 savings. Ford Motor company garnished both accounts 15k each, making each account negative 15k. How is this possible? I thought garnishment would take a percentage of my pay check not the whole thing. And what about future payroll direct deposits? Can they take everything? Can I do anything to at least have access to part of my paycheck as I will have nothing for food and rent. Who should I contact to get all of the details? Can a garnishment take an amount way over the amount of money you have in an account?

Hello,

 

Was your Ch 13 dismissed?

Customer: replied 8 years ago.
Yes. 2 months ago.

Hello,

 

It appears that the creditor attached the funds in your account to partially satisfy the judgment. A judgment creditor can attach bank accounts to satisfy a judgment. The creditor is not required to garnish wages although the creditor may also do that.

Customer: replied 8 years ago.

How can they attach more than is in the account? Will this affect future direct deposits?

What can be done to allow some funds for living expenses? Please answer as completely as possible. I'm asking this for my friend who is very upset, her husband lost his job. I'm trying to help her.

Hello,

 

The entire amount can be attached without regard for living expenses. This is unlike a wage garnishment. They attached more than was in the account to provide for the possibility that additional funds may be deposited into the account.

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