Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

if I have a lean on my bank account do they take every $$ even

Customer Question
if its my weekly paycheck?...
if I have a lean on my bank account do they take every $$ even if its my weekly paycheck?
Submitted: 6 years ago.Category: Legal
Ask Your Own Legal Question
Answered in 7 minutes by:
2/1/2011
Lawyer: Roger, Attorney replied 6 years ago
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,864
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.

 

If your bank account is garnished, any money in the account is subject to seizure.

Ask Your Own Legal Question
Customer reply replied 6 years ago
any money that goes into the account in the future
Lawyer: Roger, Attorney replied 6 years ago

No. A bank garnishment is a one time dip into the account. Whatever is in there at the time the bank receives the garnishment is seized.

 

However, the creditor can issue a bank garnishment as often as it wants to. So, it is possible to have repeat garnishments.

 

The best thing to do if youre account is garnished is to open a new account at a new bank so the creditor would not have any knowledge of where you're banking. It can be a hassle, but its better than having your money taken away from you.

Ask Your Own Legal Question
Customer reply replied 6 years ago

My federal tax return is being deposited on friday, will they take it all

Lawyer: Roger, Attorney replied 6 years ago
If they have a garnishment on your account and the money hits, yes, it will be subject to seizure.
Ask Your Own Legal Question
Customer reply replied 6 years ago

But if its a 1 time dip how can that happen

Lawyer: Roger, Attorney replied 6 years ago
As I said, IF they have a garnishment on your account, it will be taken. If the garnishment has already been paid out, it won't be available again unless they file another.
Ask Your Own Legal Question
Customer reply replied 6 years ago
I dont understand, there is a lien on my account as of today. Does it remain until the balance is paid in full?
Lawyer: Roger, Attorney replied 6 years ago

If the bank gets a garnishment for $5000 from a creditor and your account has $1000 in it, the bank will remit the $1000 in satisfaction of what the account had in it at the time of the garnishment. The garnishment should not continue indefinitely.

 

However, the creditor can issue another garnishment to recover additional funds from the account.

Ask Your Own Legal Question
Customer reply replied 6 years ago
So they have to keep repeating the process every time if theres not enough to cover the debt? Is it only for what is in the account that day? Im not trying to be ignorant I just want to understand completely
Lawyer: Roger, Attorney replied 6 years ago

Here's what the Nebraska law says:

 

Garnishment is a legal aid in the execution of a judgment; it is a method by which a judgment creditor can recover against a third party for the debt owed by a judgment debtor. Under Nebraska's garnishment statutes, a judgment creditor may request that the court issue a summons of garnishment against any person or business which has property of and is indebted to the judgment debtor, Neb. Rev. Stat. § 25-1056(1) (Reissue 2008). The garnishee then must answer interrogatories and disclose the property of every description and credits of the defendant in his possession or under his control at the time of the garnishment, Neb. Rev. Stat. § 25-1026 (Reissue 2008). A garnishee can be discharged if he chooses to pay the money owing to the defendant by him into court, Neb. Rev. Stat. § 25-1027 (Reissue 2008). But if the garnishee does not pay the funds into court and the garnishor is not satisfied with the garnishee's answers to the interrogatories, the garnishor may file an application to determine the liability of the garnishee, and may allege facts showing the existence of indebtedness of the garnishee to the defendant or of the property and credits of the defendant in the hands of the garnishee, Neb. Rev. Stat. § 25-1030 (Reissue 2008).

Ask Your Own Legal Question
Customer reply replied 6 years ago

Sorry but reading that makes me feel even more stupid. Is the bank account just garnished for that day or does it keep being taken out until the debt is paid in full?

Lawyer: Roger, Attorney replied 6 years ago
Usually, the bank answers by turning over the money in the account and that's the end of it. This is usually the case because the person closes the garnished account.

If the bank has answered the garnishment and paid money, it should be over. However, if the bank hasn't, it will likely br obligated to pay your money over.

It's all about the timing of things.
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,864
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago

Thank you

Lawyer: Roger, Attorney replied 6 years ago
Sure. I'm going to do some additional research to see if I can runs some additional info. If I do, I'll pass it on.
Ask Your Own Legal Question
Ask Roger Your Own Question
Roger
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,864
31,864 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I was arrested for possession of false identification. At
I was arrested for possession of false identification. At the time it was considered a crime in the state of NH. Since that time they have changed it to a misdemeanor. Does this mean I no longer have … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,691 satisfied customers
I need a few recommendations for trust breach litigation
I need a few recommendations for trust breach litigation representation in or near Aurora Illinois. Thank you … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,270 satisfied customers
I was pulled over for a possession charge of 1 to 4 but no
I was pulled over for a possession charge of 1 to 4 but no less than three. The drug wasnt on me at all. It was scattered on my floor boerd while I was being detained … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I am a Pro Se Litigant. I filed an affidavit in opposition
I am a Pro Se Litigant. I filed an affidavit in opposition and a Cross Motion in Response to an OSC. I filed on time and included all the necessary information - however in the caption I wrote "Affida… read more
Lori
Lori
Juris Doctor
233 satisfied customers
I have just been notified by a litigation office that I will
I have just been notified by a litigation office that I will be served for a non-payment of a personal check from me that so called happened over 15 yrs. ago. The amount was said to be for 800. Now th… read more
Lori
Lori
Juris Doctor
233 satisfied customers
Thanks I'm trying to restore rights with a possession with
Thanks I'm trying to restore rights with a possession with intent of marijuana felony. Is this possible or what is easiest way to make it go away. It was in 1999 of July in SC … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a question about land possession in the State of
I have a question about land possession in the State of Michigan. This may get a little confusing but here goes. About 30+ years ago my Father, Grandfather and Uncle purchased 2 large pieces of land. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,270 satisfied customers
I was awarded possession of my rental property but they are
I was awarded possession of my rental property but they are horrible hoarders. So I allowed them 24 hours to get packed cuz they've literally boxed up nothing since Thursday. If I let them stay one mo… read more
Bill Attorney
Bill Attorney
law
1,579 satisfied customers
This is a litigation question. I represent a woman who fell
This is a litigation question. I represent a woman who fell in an elevator accident in October or 2011. Her primary injury was to her ankle including tendon. She has extensive problems with other part… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can a judge adjudicate a litigation between someone who is
can a judge adjudicate a litigation between someone who is under his supervision and that person's probation officer ? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,285 satisfied customers
My land is in litigation only l have a movable doublewide
my land is in litigation only l have a movable doublewide mobile home on the property. Can I be evicted off the property and is it legal to put a lock on my home where i cannot get to my personal cont… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am a litigation secretary at a law firm and started on
I am a litigation secretary at a law firm and started on August 14, 2017 and was told verbally that I would need to go online and enroll in my medical benefits by September 7, 2017. At the end of Augu… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,285 satisfied customers
Civil litigation: building contractor, mechanic lien, 2009.
Civil litigation: building contractor, mechanic lien, 2009. Multiple court dates extended, fired my attorney, filed pro se to dismiss for lack of prosecution after 2 1/2 yrs no communication after agr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,285 satisfied customers
I was a trustee/defendant in a probate litigation. The
I was a trustee/defendant in a probate litigation. The plaintiff's attorney accused me of staging a burglary. The police in that jurisdiction conducted a thorough investigation and found that the burg… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,933 satisfied customers
I have a question for a lawyer that has Financial Litigation
I have a question for a lawyer that has Financial Litigation Unit expertise with Federal Restitutions. Thanks … read more
Michael Bradley
Michael Bradley
JD
1,189 satisfied customers
In Utah property must be in the possession or under the
In Utah property must be in the possession or under the control of the debtor in order for a judgment creditor to obtain a writ of execution and execute on the property. If the property is real proper… read more
Ray
Ray
Lawyer
Doctoral Degree
30,816 satisfied customers
I have a judgment in my name. Can the judgment creditor take
I have a judgment in my name. Can the judgment creditor take my husband's car? I live in Florida. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am a judgment creditor. Can I call up the judgment debtor
I am a judgment creditor. Can I call up the judgment debtor directly without going through a lawyer and offer to settle? There is a lawyer handling the case but he hasn't been effective and the debtor… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,285 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x