QUESTION
Can a debtor garnish a bank account for four times what is owed?
Asked on May 17th, 2011 on Bankruptcy - Florida
More details to this question:
My account was garnished for over $50000 on a $12000 debt. My husband is not on the debt but on the account. what about his money? I also only found out they did this by going online to check my balance, it this legal?
1 ANSWER
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Robert L. Peters, Attorney
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What probably happened was that when the account was frozen you had more than the amount of the judgment in your account. The result should be that the creditor get their 1200 and you get to keep the balance. You do have some protections from garnishment if you are head of the household as well as others that are all suppose to be listed on a letter provided to you by the creditor. You may be able to protect the entire amount. You need to speak with an attorney.
Answered on May 19th, 2011 at 11:38 AM