QUESTION

How can a levy be put on bank account if i have not received a summons or complaint from the collection people or the court?

Asked on Nov 09th, 2011 on Debtor and Creditor - Georgia
More details to this question:
all i received was request for production of documents from collection people. call them and told this was not my debt, they said it was loan on 11/1/04 for 9500.00 dollars. THIS IS NOT MY LOAN!!!!! This was on 7/26/2011, Never herd back. my bank account was levy on 10/28/2011, $9450.60 HELP!!! THANKS d.Howell.
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1 ANSWER

Bankruptcy Attorney serving Atlanta, GA at Rogers Law Offices
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Once a creditor has a judgment, it can garnish a Bank account by serving a garnishment summons and affidavit on the Bank.  Notice is only sent to the judgment debtor (you in this case) after the Bank is served with the garnishment.  You can contest the garnishment by filing a traverse in the garnishment proceeding before the funds are disbursed by the Court.  O.C.G.A. 18-4-93.  However, the garnishment court will not consider whether the Judgment is proper or not proper.  O.C.G.A. 18-4-65.  The validity of the Judgment must be attacked in the court which issued the Judgment.  In other words, unless it is already too late, you would have to both seek to have the Judgment undone in the Court that entered the Judgment and traverse the garnishment and seek a stay pending the outcome of the action related to the Judgment.  Please contact me if you need further assistance in this regard. Beth E. Rogers ROGERS LAW OFFICES 770-685-6320
Answered on Jan 25th, 2012 at 12:31 PM

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