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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33750
Experience:  Began practicing law in 1992
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is itnlegal for a debt Collector to take every penny from Bank

This answer was rated:

is itnlegal for a debt
Collector to take every penny from
Bank account

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Is there a judgment from a court already in place?

Customer: No not that i know of
JD 1992 :

Was the money removed as a result of a garnishment?

Customer: It said wage
Customer: garnisgment. But my monthly income is only 1200$ a month. Thu took 1300$ out
JD 1992 :

What kind of debt was it?

Customer: Old credit card
JD 1992 :

They absolutely are not supposed to garnish a bank account without a judgment in place.

JD 1992 :

In other words, if you were sued and had a judgment entered against you then they can garnish a bank account.

Customer: Like in a court of law?
JD 1992 :


Customer: I never went to court or
Customer: got served papers. I thought evn if i dis thwy could only take a certain percent of my
Customer: income
JD 1992 :

They can only take a certain percentage of your wages but once it hits the bank it isn't considered wages. A wage garnishment order is usually sent to an employer.

JD 1992 :

You need to go and have a local attorney look over your paperwork.

Customer: On my bank stayement it says wage garnishment
JD 1992 :

That may just be something the bank uses. It may be a regular garnishment.

Customer: Whats a garnishment? They took every penny i had
JD 1992 :

A garnishment is an order from the court stating that they can seize funds.

Customer: So they can take everything
JD 1992 :

Usually, yes they can seize all of a bank account. However, it needs to be a legal garnishment order and if they don't have a judgment in place it could be illegal.

Customer: I see this company got suedby the state attorney general in december if this year
JD 1992 :

It wouldn't surprise me. I have seen a number of "fake" garnishments.

Customer: So what do i do
JD 1992 :

You need to have a local lawyer look at the court records and determine what happened.

JD 1992 :

You really can't know what to do until you find out if the order is legit.

JD 1992 :

In the meantime, don't put any money in any bank.

Customer: I have no money!! I have other bills that are scheduled to come out of my acct
JD 1992 :

Most attorneys won't charge you just to look at it.

JD 1992 :

There is no way to get the money back unless the order isn't valid. If it isn't valid then you can file to have the money returned.

JD 1992 :

You can also go to legal aid and ask them to just determine whether it is a valid order.

Customer: The company wont just return it
JD 1992 :

No, it is unlikely. If they were just willing to return it then they wouldn't have seized it in the first place.

Customer: Jesus f**king christ
JD 1992 :

I understand your frustration. What state are you in?

Customer: Mn
JD 1992 :

Let me see if I can find a link for you that explains what property is exempt from creditors there in MN.

Customer: Minnesota
JD 1992 :

Let me give you a link to the AG's website. They list exemptions there and there are some situations where a bank account is exempt from garnishment.

JD 1992 :

The creditor also has to follow certain procedures.

JD 1992 :

That could easily be where they messed up, particularly if there isn't a judgment.

JD 1992 :

The bank should have sent you an exemption from garnishment form which you would fill out and claim that the proper procedures weren't followed and there is no judgment.

JD 1992 :

Did you have any additional questions?

Customer: The bank never swnt me any forms
JD 1992 :

They were supposed to under Minnesota law.

JD 1992 :

Look at 5c on that link I sent you.

Customer: Havent gotten any
Customer: I m going to lose my house if the moneys gone
JD 1992 :

You are going to have to move fast so you need to either see an independent lawyer or at least go and talk to Legal Aid.

JD 1992 :

It looks like you went offline so Best wishes to you on this and I hope it works out well for you.. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Customer: Last thing do you know anything about Midland funding llc
JD 1992 :

I know they are bottom feeders that are consistently accused of engaging in unethical conduct.

JD 1992 :

I absolutely would not trust anything they do or say.

Customer: They are the ones who garnished my money
JD 1992 :

You absolutely do not want to trust that they did things correctly.

JD 1992 :

I have heard of other cases where it was alleged they issued false garnishments, sued someone that didn't owe a debt, sued someone and never served them with the papers and lied about it to the court, etc.

Customer: So if i talk to thdm
Customer: them and threaten to bring in a layer do you think tgey will return thr money
JD 1992 :

No. Midland Funding will absolutely not return your money. They get threatened all the time.

JD 1992 :

The threat of a lawyer will do absolutely nothing.

Customer: Im not ever going to get it back am i
Customer: Is there anything you can do to help
JD 1992 :

You are going to have to get legal help there where you are. If it is Midland Funding there is a good chance you can get it back because they almost certainly didn't do things correctly.

Customer: Anything you can do to help
JD 1992 :

No, all we can do is provide information.

Dwayne B. and 7 other Legal Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.