Legal Question in Banking Law in Michigan

Erroneous Wage Garnishment

Last Wednesday, a $24,000 wage garnishment intended for my father was mistakenly placed on my personal checking account. I spent a week making numerous phone calls to the bank which issued the garnishment, the law firm which set it in motion, and my own bank's legal department, trying to expedite a garnishment release, but although the law firm supposedly faxed a release form to my bank's legal department as early as last Thursday morning (12/27/07), my account is STILL frozen as of toay (1/2/08). Not only is my rent now late, but I've incurred late charges on THREE credit card bills I could not pay last week due to the freeze, as well as a $70.00 NSF fee. I cannot accept how freezing somebody's account in error for this amount of time is legal, but I'm not sure who exactly is to blame for this oversight: my bank, the bank issuing the garnishment, or the law firm responsible for issuing it. I don't feel this mistake was taken care of in a timely matter, nor do I see how I should have to pay for any late penalties or NSF charges related to this error. Do I have sufficient grounds for insisting that the sources responsible for this error be held accountable for all charges and penalties which incurred as a result of it?


Asked on 1/02/08, 7:57 pm

2 Answers from Attorneys
Francois Nabwangu Wright Cantrell PLLC

Re: Erroneous Wage Garnishment

You may have a "trespass to chattels" case. Feel free to contact us.

Yours truly,

Francois M. Nabwangu, Esq.

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Answered on 1/02/08, 8:08 pm
Peter Torrice Canu, Torrice & Zalewski, PLLC

Re: Erroneous Wage Garnishment

To answer your question.... Either the bank messed up or the law office attempted to garnish an account incorrectly. One of those two should be responsible for compensating you accordingly. Do you have the same name as your father? That may also be a reason for the erroneous garnishment. Call me for help 5862851700

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Answered on 1/02/08, 9:18 pm


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