Legal Question in Credit and Debt Law in Texas
Stopping garnishment of accounts
I've been making payments on a judgement. I got behind and a new judement was issued I was never notified of a hearing.
A writ of garnishment was served to my bank on 2/4/03. My bank never told me,not even that they were returning checks,So I kept depositing and writing cks.$13000 on hold and $13000 worth of returned cks(most of which was deposited after my bank had a hold on my account) without one notice at all from any party. I found out on 2/27/03 by me calling the bank.Did anybody violate the rules? Either way can i file something to stop the hold(exempt funds)?,(No notice of hearing)?Can my bank hold money depsited after the writ was served?
1 Answer from Attorneys
Re: Stopping garnishment of accounts
You should have received notice of the garnishment from the garnisher, sent to you by certified mail. As a practical matter it wouldn't have made any difference because it only gives you an option to put up money in the value garnisheed.
The bank did not do anything wrong, unless they took funds held in trust for others, or took a recognized retirement account.
You might consider an action for wrongful garnishment, if you can find an attorney that could look at all the facts and see if you had a case.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
