Fibromyalgia Support Group

This morning I called the bank to check for SOs balance and was told it was $2583 OVERDRAWN. After the initial panic attack I finally got a representative on phone and found out His acct was being held for a Garnishment...Yes, we were aware that he was being taken to court in APRIL for an old Sears acct that we have been trying to pay off.....I had already talked to SS and was told that He COULD NOT be garnisheed and had called a Bankrupcy Lawyer and he said that SO did not make enough to be Garnisheed either ( cannot file bankruptcy as he doesn't owe enough debt)Long story short, our acct is frozen until we go before Judge on Monday to stop bank freeze and are being charged for overdraws as we still had three checks out and the money inacct is frozen....

We had no warning from the bank that this was being done and or could be done...

We are going to CLOSE out the bank acct asap and will get his check by mail from now on and get money orders to pay bills ...If you have a checking and or savings acct be sure that this cannot be done to you. It's going to be a mess to get straightened out and I don't want this to happen to you too....

YIKES, Granny,

Earlier today I was about to post a thread asking where and how you are ~~~ Wondered how you fared the weekend with the grands !!!

Now I understand why you haven t been here ~~~~

How awful for that to happen and I can just imagine your panic !!! I do hope it is straightened out SOON and you won t suffer any ill effects from the shock.

Best of luck ~~~ I hope everything is solved in a timely manner.

Marilyn

Thanks Auntie... I have been on briefly and my weekend with gkids was great..Totally worn out but it was worth it..I know that this to will pass but I still just cannot believe how these things can be done with no fore warning...And I just don't want anyone else to suffer ...Hugs

OMG! One thing that I think that you could do is get a PayPal account and they will send you a debit card. You can pay bills etc and they will pay you back for using the card.

Do you know if they are planning to garnish your income tax too? If so, you may be able to file a special form and then can not take the entire refund that you may get back. If you want PM me the details, if it is not "your" debt only your husbands you can file this form.

Good luck with the attorney,

Mandy

Oh no, granny that is awful. I knew they could garnish one's account but thought you had to be properly notified, then only a percentage could be taken out. Good luck with the judge on Monday. I hope it all works out for you.

{{{HUGS}}}

Granny, here's the Department of Labor rules on garnishment.

http://www.dol.gov/dol/topic/wages/garnishments.htm

That happened to my friend who lives in Centreville, VA. She got a letter from some credit company however she gave it to her lawyer and he said the letter she got wasn't legit. So tell SO to watch out. When she went to court for her garnishment, They said that she didn't make enough money to be garnished so they set up lower payments with her and made her sign a promise to pay on time or else she had to pay the whole thing If she was late just once. She filed bankruptcy a few months later and included that bill in it.

One thing we did find out is that if they garnish your wages they have to take it directly out of your checking account. If you take your money out of the bank, which you can't do because your assests are frozen, you are not going to find anyone to cash your payroll check for you unless it's someplace like "barbara's payday loans" or places like that that charge you a fee to cash your check and then you are earmarked for "don't cash" by your bank for them not to cash your checks. THey get ya coming and going and put somekind of flag on your account at work and at the bank. Your work check could only go to the bank. No under the table, no paycheck directly too you. She had a heck of a time

with it cause part of it was her husbands accounts (they were still legally married at the time) and part hers.

I wish your SO luck.

Granny, I will tell you that soc security checks cannot be garnished if there were any of those in your account. Banks know this but unfortunatly, will still put a hold on the account most times especially if they see any other deposit in there. You have to really get in touch with the garnishment dept and tell them that you know they cannot hold soc sec checks and that you are going to contact an attorney. When banks get garnishments, they are under a court order at that point and have to do as it says, another thing they did not tell you I bet is that they will charge you a fee for the garnishment usually it is $50-$75. They will notify you AFTER they put the hold on your account. Also, they can only supposed to take the amount of money that is in there at the time the garnishment is put on. For example if you have $100.00 and they put a hold for $1000.00 and then in a week you deposit $500.00 more, they are not supposed to take that last deposit however, I do know that happens often.

Good luck, if you have access to an attorney that can look at this, I would recommend doing that, alot of times, an attorney will talk to you the first time for free and give you some suggestions or talk to you on the phone for free. Also, if you qualify, you can get legal assistance through your county, they charge by a sliding pay. Good luck, I hate that happened to you, everyone is just trying to make it at this time and these places are just making it harder.

*^&(#&#)*$^%&%*&!!!!! That is insane Granny! I am so sorry you're going through that. I hope you get it worked out soon.

Why do our lists of crap have to be so long??

Casty, Do you think we have targets on our foreheads that we cannot see?

Damn, I thought it was a zit! Guess the fact that it's green shoulda tipped me off huh? LOL