Legal Question in Bankruptcy in Missouri

I have just recieved a letter stating that "...attach all goods, personal property, money, credit, bonds, bills, notes, checks, choses in action, or other effects of MYSELF which are in the possession or charge or come under the possession or control of US BANK CORP OF ST.LOUIS- in order to satisfy the total amount of the garnishment" This debt is about 3 years old. My new bank account with bank of america is about 9 months old. Can US Bank levy My bank Account with Bank of America if I have never used this account to pay any debts or never used this account with anything associated to US Bank.


Asked on 1/29/10, 2:40 pm

1 Answer from Attorneys

Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

I'll answer this as best I can, keeping in mind that I can't see your letter.

It seems that one of your creditors obtained a judgment against you. As a result of this judgment, the creditor has the legal right to "execute" the judgment, which is done by seizing money and/or property. Since your creditor doesn't know exactly who has your money or property, they are sending out requests for garnishments. The request directs the recipient--in this instance, US Bank--to take property that [US Bank] is holding for you, and turn it over to the creditor. If US Bank isn't holding any property for you, then they (US Bank) will return the request with an statement that [US Bank] holds no money or property that belongs to you. Another way to say this is that 'the garnishment will be returned unsatisfied'.

Until the garnishment request is satisfied, the creditor may continue to send out garnishment requests to places they (the creditor] thinks might be holding money or property for you. This might well include another bank. But it is not the responsibility of US Bank to track down a different account for the creditor's benefit.

If the creditor itself is actually US Bank, then US Bank essentially wears two different "hats". But the same analysis applies.

Even if you've never used your Bank of America account with this creditor, the creditor is entitled to collect any funds Bank of America or any other bank might have to satisfy the judgment. After 10 years, there is a presumption that the debt has been paid, but not after 3.

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Answered on 2/04/10, 11:08 am


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