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Is this even legal!?

post #1 of 26
Thread Starter 
I am doing everything in my power to keep my blood pressure in check and my heart from exploding. The stress around here lately involving money (and other things) has been giving me heart palipitations (sp) and various gastro problems.

The latest incident is what the thread topic is refering too. We just had our bank accounts garnished. I had no idea this was legal. I assume it is, but it doesn't seem like it should be. They even took my son's $57 I am literally in tears over that part. I feel like such a failure for having some creditors garnish my 6 year old's bank account.

We now have many hundreds of dollars of bills due and $140 in the bank. Dh's financial aid from school is delayed so we have only that $140 until mid July

I seriously hate money issues. Dh could not graduate too soon to suit me :
post #2 of 26
I certainly didn't know that was legal. I know a person's wages can be garnished and that their income tax can be taken, but how can someone garnish your checking account? How can they even get your account number to begin with? And I'd call them on the fact that they took your kiddo's money...he is obviously not responsible for whatever bill they were collecting on.
Sorry you're having such a hard time momma. I hope it gets better soon.
Blessings to your family.
post #3 of 26
God, was there a court decision about this? I'd contact a lawyer, or at least do some Internet research.

Can your husband contact Student Services at his university? They might have someone on hand who can expertly answer your question.

Hugs, and hang in there!
post #4 of 26
Oh, Lindsay! Mama! Holy smokes, that just bites! :

I've not had that happen, but... I suspect we're close. I'm sure that if your name was on that account, though, it's legal. It's money you had access to. Jerks. :angr
post #5 of 26
Was it savings, checking or both? It seems to me that there's no way a checking account could legally be garnished to recover debt. Anybody know for sure?
post #6 of 26
Thread Starter 
Originally Posted by Moya
Was it savings, checking or both? It seems to me that there's no way a checking account could legally be garnished to recover debt. Anybody know for sure?
It was both. Also, it was a judgement from a creditor. Thanks for the hugs.

post #7 of 26
Darn. That sucks. That really really sucks.
post #8 of 26
I think it is legal and probably part of a judgement against you but I am surprised that you were surprised. You would think they would have to contact you. Have you tried one of those services for people who are in debt and have credit/money issues? A truly nonprofit one, not one that charges? I know they are out there.

good luck and hugs.
post #9 of 26
(((((((((hugs))))))))) 1st off but yes it is legal
all states have different laws but in a nutshell,
you will try to be contacted X amt of times over X amt of mos.
once that has been established & most Co.s take action such as you mentioned.
It's usually mentioned in the fine print of the Disclosure statements you signed...
Collection Co.s been doing this for so long.

It's looked upon as a consumer signed an agreement to repay a debt & if not.. it will be collected upon anyway possible..
any acct that you are a signer on is liable for freezing.

I have been in your shoes several times & its very scary.
I also worked for Financial institutions for yrs.

many folks will have to file Bankruptcy when this occurs.

When was the last time you talked to any of these Co.s?

I so feel for you.. I had a Discover card bill go crazy over a
$5.00 over limit that became $1000 over limit less than a year due to late charges & overlimit fees....
they were going to put a lien on my home, garnish my pay & tax returns.

It sucks I know but they get you in the fine print

(((hugs))) hope you get some answers soon
post #10 of 26

That is terrible. I I didnt know they could go into your bank account! I always thought the income tax thing and wages could be garnished but not your bank account. They should have notified you first at least (but then again they probably dont do that cause then people would take the money out first.) What a scary feeling!
post #11 of 26
: I'm so sorry this happened! I'd definatly conslut a lawyer, preferably one with a free conslutation! GL! I'm so sorry they took your DS's $$ too...jerks
post #12 of 26
It's legal if it was a judgement against you- the courts allowed it. I know someone that this happened to IRL. Sorry, I know it sucks.
post #13 of 26
Linds, I am totally freaking out for you. I feel that horrible panic!

Have you tried this site to check your states laws on garnishment? Thank goodness it isn't legal in NC or we would be screwed. I couldn't imagine them taking Kailey's money from her account Hugs and love to you mama!
post #14 of 26
I am so sorry! Especially for your son's account!
post #15 of 26
yeah there is so much they can do. The guy at the tax office told me a story they siezed some guy's rrsp/401k cashed it to pay his tax debts then the next year he had to pay it as income...

Now there are things you can do to stop the garnishment. I think its called a stay... There is also supposed to be a limit atleast here on how much they can take I think its like 33%...

I am not sure what it is in your area. And I would raise some stink about your son's account...its such a small amount and really seems in badfaith. I've had my share of post student loan nightmares...the first thing you can always to do protect yourself is send them a letter outlining your desire to pay and a payment plan - even if its just a few dollars.
post #16 of 26
No advice, just a hug
post #17 of 26
I'm so sorry this happened!
post #18 of 26
what jerks, you only owe hundreds of dollars and they're garnishing money from you? we were in thousands of dollars of debt before they even considered it and they had to get a judgement on us first and serve us with that notice before they could do it. that doesn't sound legal. why don't you try asking the lawyers at lawyer.com or opening the yellow pages in your area, most lawyers will answer questions like that over the phone at no cost. hth
post #19 of 26
I'd close the account and pay all bills with money orders.
post #20 of 26
<3 i'm sorry. several years ago we had our bank accounts emptied because of our tax debt. they took everything, including what was in dd's bank account at the time. it was legal. it sucked and it was lower than low taking dd's money but they did it.

we are in a better place now and i hope that you will be soon! good luck.
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