Is this even legal!? - Mothering Forums

Forum Jump: 
 
Thread Tools
#1 of 26 Old 06-24-2005, 06:09 PM - Thread Starter
 
Camellia's Avatar
 
Join Date: Jun 2004
Location: Oregon yo!
Posts: 4,165
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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 :
Camellia is offline  
#2 of 26 Old 06-24-2005, 06:14 PM
 
nora--not a llama's Avatar
 
Join Date: Feb 2005
Location: (.)(.)UNpop Cleavage(.)(.)
Posts: 3,542
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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.
nora--not a llama is offline  
#3 of 26 Old 06-24-2005, 06:22 PM
 
eightyferrettoes's Avatar
 
Join Date: May 2005
Posts: 5,804
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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!
eightyferrettoes is offline  
#4 of 26 Old 06-24-2005, 06:24 PM
 
GoodWillHunter's Avatar
 
Join Date: Mar 2003
Location: Doing something...vague.
Posts: 11,813
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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
GoodWillHunter is offline  
#5 of 26 Old 06-24-2005, 06:24 PM
 
Moya's Avatar
 
Join Date: Jun 2005
Posts: 237
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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?
Moya is offline  
#6 of 26 Old 06-24-2005, 06:26 PM - Thread Starter
 
Camellia's Avatar
 
Join Date: Jun 2004
Location: Oregon yo!
Posts: 4,165
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Quote:
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.

nak
Camellia is offline  
#7 of 26 Old 06-24-2005, 06:28 PM
 
Moya's Avatar
 
Join Date: Jun 2005
Posts: 237
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Darn. That sucks. That really really sucks.
Moya is offline  
#8 of 26 Old 06-24-2005, 06:29 PM
Banned
 
boongirl's Avatar
 
Join Date: Dec 2004
Location: a place where freedom lives
Posts: 4,636
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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.
boongirl is offline  
#9 of 26 Old 06-24-2005, 06:40 PM
 
polka123's Avatar
 
Join Date: Nov 2003
Location: in criminally lenient, corrupt PA & *missing AZ *
Posts: 7,950
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
(((((((((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

Me & DH hug2.gif , adult DD lips.gif & 7 yo DS guitar.gif . 2 GSDs, 6 rescue kitties, 4 birds & a gerbil.
polka123 is offline  
#10 of 26 Old 06-24-2005, 06:44 PM
 
DesireeH's Avatar
 
Join Date: Mar 2003
Location: Orange County, CA
Posts: 8,345
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)


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!

Desiree

DesireeH is offline  
#11 of 26 Old 06-24-2005, 06:47 PM
 
JamesMama's Avatar
 
Join Date: Jun 2005
Location: Is a PROUD Iowan (finally...)
Posts: 8,157
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
: 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

Renae wife to J :, Mama to 4.5y/o J-bird and 2y/o A : and E coming in late Dec/Early Jan. My husband had a living donor kidney transplant! :
JamesMama is offline  
#12 of 26 Old 06-24-2005, 08:16 PM
 
shelbean91's Avatar
 
Join Date: May 2002
Location: Mesa, AZ
Posts: 9,442
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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.

Michelle -mom to Katlyn 4/00 , Jake 3/02, and Seth 5/04
shelbean91 is offline  
#13 of 26 Old 06-24-2005, 09:50 PM
 
Potty Diva's Avatar
 
Join Date: Jun 2003
Posts: 7,184
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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!
Potty Diva is offline  
#14 of 26 Old 06-24-2005, 09:53 PM
 
Alkenny's Avatar
 
Join Date: May 2004
Location: ...life is beautiful all the time
Posts: 11,759
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I am so sorry! Especially for your son's account!
Alkenny is offline  
#15 of 26 Old 06-24-2005, 10:00 PM
 
Shiloh's Avatar
 
Join Date: Apr 2005
Location: listening to kriping churckets
Posts: 6,796
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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.

8 might be enough
Shiloh is offline  
#16 of 26 Old 06-24-2005, 10:17 PM
 
Foobar's Avatar
 
Join Date: Dec 2002
Location: Beyond the last byte in the buffer
Posts: 1,989
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
No advice, just a hug
Foobar is offline  
#17 of 26 Old 06-24-2005, 10:21 PM
 
Ms.Doula's Avatar
 
Join Date: Apr 2003
Location: schooling, loving, crafting, SEWING
Posts: 9,699
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I'm so sorry this happened!
Ms.Doula is offline  
#18 of 26 Old 06-24-2005, 10:25 PM
 
FreeThinkinMama's Avatar
 
Join Date: Aug 2004
Posts: 3,439
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
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
FreeThinkinMama is offline  
#19 of 26 Old 06-24-2005, 10:29 PM
 
Evergreen's Avatar
 
Join Date: Nov 2002
Location: Where all the women are strong
Posts: 5,387
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I'd close the account and pay all bills with money orders.

Evergreen- Loving my girls Dylan dust.gifage8, Ava energy.gifage 4 and baby Georgia baby.gif (6/3/11).

Evergreen is offline  
#20 of 26 Old 06-24-2005, 11:20 PM
 
delicious's Avatar
 
Join Date: Jun 2003
Location: a country i can be proud of.
Posts: 3,940
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
<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.
delicious is offline  
#21 of 26 Old 06-24-2005, 11:54 PM
 
shannon0218's Avatar
 
Join Date: Oct 2003
Location: Ontario, Canada
Posts: 11,942
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
shannon0218 is offline  
#22 of 26 Old 06-25-2005, 01:53 AM
 
tiredmum's Avatar
 
Join Date: Mar 2005
Posts: 70
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I don't want to leave any type of advise becuase I am not familiar with the laws in your state or your country

I sure do hope this helps though
tiredmum is offline  
#23 of 26 Old 06-25-2005, 02:48 AM - Thread Starter
 
Camellia's Avatar
 
Join Date: Jun 2004
Location: Oregon yo!
Posts: 4,165
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Thanks so much everyone. I know we'll get through this. Since nothing can really be done I'll just be glad that this is one debt that is almost completely paid off. I owe a little less than $200 now, so that's good I guess.

All your hugs and well wishes really do mean the world to me. This day and age it can be lonely to go through hard times. Having a few cyberhugs from some really special mama's is such a blessing. Thanks again
Camellia is offline  
#24 of 26 Old 06-25-2005, 02:58 AM
 
Yummymummy74's Avatar
 
Join Date: Jun 2004
Location: ~ Buried in growing kiddos!
Posts: 1,531
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Im sorry this is happening mama... it really sucks.. its not fair is it, I know it will get better soon...
Yummymummy74 is offline  
#25 of 26 Old 06-25-2005, 10:11 AM
 
Potty Diva's Avatar
 
Join Date: Jun 2003
Posts: 7,184
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Way to keep your chin up Linds. It is true that the debt is almost paid off and after the final 200 is paid, you can breathe a great sigh of relief. Dh and are are going to be paying off our debt with our next financial aid installment and our tax refund. I am so looking forward to being debt free! Super hugs and a high five to you mama!
Potty Diva is offline  
#26 of 26 Old 06-25-2005, 11:35 AM
 
stayinghome's Avatar
 
Join Date: Jul 2002
Location: the land of the lost
Posts: 4,768
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
I'm so sorry.

We had a financial falling out three years ago, that resulted in our car being repossesed. It was horrible at the time, but we are ok now, just wanted to let you know it does get better!

Sahm mom to three lovely girls, and happily married to a great, sweet guy
stayinghome is offline  
Reply

Quick Reply
Message:
Drag and Drop File Upload
Drag files here to attach!
Upload Progress: 0
Options

Register Now

In order to be able to post messages on the Mothering Forums forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
User Name:
If you do not want to register, fill this field only and the name will be used as user name for your post.
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:

Log-in

Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.



User Tag List

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page


Forum Jump: 

Posting Rules  
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off