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I had funds garnished from my bank account by the attorney…

I had funds garnished from...
I had funds garnished from my bank account by the attorney of a creditor. I completed a writ of exemption and the other attorney appealed it and now we have a court date. Do I have a chance of getting that money back? What information do I need to take with me to court?
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Answered in 14 hours by:
11/2/2016
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 20,551
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I completed a writ of exemption and the other attorney appealed it and now we have a court date. Do I have a chance of getting that money back?

Response 1: Yes, if the funds garnished are exempt from garnishment.

What information do I need to take with me to court?

Response 2: Your copy of the completed exemption form that you filed with the Court. Your bank statements, which would show the sources of the funds deposited in your account and thus that the funds are exempt from garnishment. Make sure to circle all direct deposits to make it easier for the Court to find what you are talking about. For instance, if you have Social Security deposits, you need to circle the direct deposits from the U.S. Department of Treasury.

Goodluck with your case,

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Customer reply replied 1 year ago
Thank you, however what happens if it is not an SSI deposit or a deposit classified as exempt. The funds were removed from a business bank account in which my name was added as a partner and the funds were transfers that were going to be transferred into our personal account for our home office rent and as payroll for my one month wages

Is the garnishment as a result of lawsuit against your business?

Kindly clarify,

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Customer reply replied 1 year ago
No, it was an unpaid debt from a personal American Express card, from about 6/7 years ago.

Thank you for the information.

If the garnishment occurred on your business account, then the Court should grant your exemption claim. Your business account cannot be garnished for a personal debt. The business is an independent legal entity.

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. Kindly use the popup screen to give the rating. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 20,551
Experience: B.A.; M.B.A.; J.D.
Verified
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Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 20,551
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Experience: B.A.; M.B.A.; J.D.

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