A garnishment of wages was put into place. They were able to access my sons account and take out everything in his savings and checking account. Is this legal? They did not have his authorization to his account nor did the bank.
Answered on: 11/16/07, 9:22 am by Anthony DeWitt
A judgment gives the right to the judgment creditor to seize any asset held by another for the benefit of the debtor. So not only can they garnish his wages, but if he has money in the bank, they can garnish that and take every last cent of it (they can only take a portion of his wages).
The creditor serves "interrogatories" to the banks in your area and asks all of them if they are holding money. By law they are required to answer. If they say that they are, then the creditor issues an execution which causes the money to be paid into the registry of the court. Thereafter, the court issues a pay out order to the creditor and sends them a check for the amount.
No authorization is needed; that is the force of the law. The law tends to favor the creditor, and it is very difficult to prevent this kind of seizure of assets without having a joint owner on the account.
This is why it is always best to go to court and contest the debt, if for no other reason than to get a reasonable payment arrangement worked out and blessed by the judge.
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