QUESTION
Can a garnishment tap into one's bank account?
Asked on Sep 30th, 2013 on Bankruptcy - California
7 ANSWERS
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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Yes if a creditor has a judgment against you they can levy your bank account. You get no notice of that after it happens and an opportunity to claim the money inside as exempt, if it qualifies for an exemption.
Answered on Oct 01st, 2013 at 2:00 PM
It is only called a garnishment when the creditor seizes your paycheck. When a creditor seizes your bank account, it is called an attachment, and yes, a creditor with a court judgment can have law enforcement deliver a Writ to your bank to clean it out. Although you can claim a portion of the account as exempt under state law, this is a time consuming process.
Answered on Oct 01st, 2013 at 11:30 AM
2 Awards
Yes. A creditor can garnish 25% of your gross wages and can take all that is in your bank account.
Answered on Oct 01st, 2013 at 10:49 AM
Technically taking money from your bank account based on a judgement is called a levy, and yes it can happen.
Answered on Oct 01st, 2013 at 9:35 AM
Yes. A bankruptcy will stop it, however.
Answered on Oct 01st, 2013 at 9:05 AM
No wages but they can freeze your bank account.
Answered on Oct 01st, 2013 at 8:43 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Yes. In fact, in Texas that's where it usually hits because wages are exempt from garnishment (with exceptions for things like support obligations).
Answered on Oct 01st, 2013 at 8:41 AM