QUESTION

Is it ok for a creditor to take money from your bank account without giving any notice?

Asked on Dec 17th, 2011 on Debtor and Creditor - Minnesota
More details to this question:
we are in debt been getting letters from attorny''s offices for garnish of wages, we owe several creditors and trying not to file for bankruptcy. They took $ 1998.00 and left me $69.00 needless to say stuff has not gone through yet and will make my account go negative. was satrying to save up to make a $1600 mortgage payment and still have enough money for food and gas until thre next week.
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1 ANSWER

William/J Joanis
I assume by now that you have resolved this.  Or filed for bankruptcy.  But the creditor first had to have a judgment.  At that point, it had the right to garnish your bank account. As soon as the judgment was entered, you were in jeopardy of that happening.  As you no doubt learned, you then had an exemption notice that you had to return.  But the moral is, as soon as the judgment is entered you have a problem.  Also, there is now a lien on your house, if you have one, and while it should not be enforceable, it is not something you can ignore, as it will show up if and when the house is sold.
Answered on Feb 26th, 2012 at 12:32 PM

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