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12-09-2004, 01:40 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 7
| | | Help with garnish laws
What is the name of your state? Ohio
I have received an "affidavit and order and notice of garnishment of property other than personal earnings and answer of garnishee", as well as, a copy of "notice to the judgment debtor of garnishment of other than personal earnings". My mortgage payment is due tomorrow at a bank other than "the garnishee" bank listed. Am I not going to be able to write a check against the account held by "the garnishee"?
Please advise. |
12-09-2004, 02:17 PM
| | Member | | Join Date: Nov 2004 Location: The Buckeye State
Posts: 697
| | Quote: |
Originally Posted by BROOERS What is the name of your state? Ohio
I have received an "affidavit and order and notice of garnishment of property other than personal earnings and answer of garnishee", as well as, a copy of "notice to the judgment debtor of garnishment of other than personal earnings". My mortgage payment is due tomorrow at a bank other than "the garnishee" bank listed. Am I not going to be able to write a check against the account held by "the garnishee"?
Please advise. | You'll be able to write a check if there's any remaining funds left after the garnishment funds and the bank's fees for processing the garnishment are deducted. Call your bank and find out. |
12-09-2004, 02:19 PM
| | Member | | Join Date: May 2004
Posts: 633
| | | Sounds like they received a default judgment against you and they intend to empty your bank account. |
12-09-2004, 02:49 PM
| | Member | | Join Date: Nov 2004 Location: The Buckeye State
Posts: 697
| | Quote: |
Originally Posted by ihatearizona Sounds like they received a default judgment against you and they intend to empty your bank account. | My water was shut off by the water company three days ago. Sounds like I didn't pay my water bill and they intend to shut off my water. |
12-09-2004, 03:12 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 7
| | | The credit card company cannot take your house for an unsecured credit card debt, correct? |
12-09-2004, 03:25 PM
| | Member | | Join Date: May 2004
Posts: 633
| | | Here's the only exemption info I was able to find:
Ohio Homestead
The Homestead exemption amount in Ohio is $5000. [2329.66(a)(1)(b)]
Statute
Property held in tenancy by the entirety is exempt from the debts of one spouse.
See In re Thomas,14B.R.423 (N.D. Ohio 1981). |
12-09-2004, 03:49 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 7
| | | What does that all mean? Homestead exemption? Thank you so much for your advise. I'm loosing it here! I just hope I will not lose our house as well. |
12-09-2004, 03:50 PM
| | Member | | Join Date: Nov 2004 Location: The Buckeye State
Posts: 697
| | Quote: |
Originally Posted by BROOERS The credit card company cannot take your house for an unsecured credit card debt, correct? | Incorrect. Actually, if they've filed a judgment lien, it's likely you'll be able to find out online. Regardless, unless your judgment debt is absolutely HUGE, and I mean HUGE, they would not even *consider* foreclosing upon the lien. They'd just let it sit until you sold the house. The lien itself has to be renewed by them once every five years, or it becomes inactive and is no longer valid. Be aware the lien and the judgment are two separate animals. I'm assuming your judgment is in the municipal court. They would obtain a certificate of judgment from the municipal court, and would then file it in the common pleas court. In the event they can't satisfy the judgment against you now, it's some leverage against you on the back end. |
12-09-2004, 03:53 PM
| | Member | | Join Date: Nov 2004 Location: The Buckeye State
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Originally Posted by BROOERS What does that all mean? Homestead exemption? Thank you so much for your advise. I'm loosing it here! I just hope I will not lose our house as well. | Forget about his posts in this thread. They have nothing to do with your own judgment. For your purposes, I've addressed your concerns. What is the amount of the judgment balance, including the costs and interest to date? |
12-09-2004, 03:55 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 7
| | | Again, thank you very much for your advise. How do I make the mortgage payment when my husband's paycheck's are directly deposited into the checking account that the notice says is frozen? I cannot touch the money, correct? |
12-09-2004, 03:56 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 7
| | | Judgement amount is 5300.0 |
12-09-2004, 04:17 PM
| | Member | | Join Date: Nov 2004 Location: The Buckeye State
Posts: 697
| | Quote: |
Originally Posted by BROOERS Judgement amount is 5300.0 | How much was in your bank accounts on the date of the garnishment, and did it include a savings account? |
12-09-2004, 04:26 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 7
| | | The affidavit of judgement was issued on 11/9/04. The attorney for judgment creditor signed this paper on 11/26/04. And I received it today, 12/9/04. Have all the checks I have written and that have been cashed against this checking account and savings account make me contempt of Court? The most that has ever been in the account is around 700.0. Now there is only about 100.0. The garnishment notice did not specify an account number(s), only the bank establishment name. |
12-09-2004, 05:07 PM
| | Member | | Join Date: Nov 2004 Location: The Buckeye State
Posts: 697
| | Quote: |
Originally Posted by BROOERS The affidavit of judgement was issued on 11/9/04. The attorney for judgment creditor signed this paper on 11/26/04. And I received it today, 12/9/04. Have all the checks I have written and that have been cashed against this checking account and savings account make me contempt of Court? The most that has ever been in the account is around 700.0. Now there is only about 100.0. The garnishment notice did not specify an account number(s), only the bank establishment name. | It makes a difference how much money was in which account. The money doesn't lose its wage percentage exemption when it's deposited in the checking account. The other savings account money is typically entirely fair game.
Bottom line is you're going to eventually pay this judgment. No way around it. An exemption hearing could be requested to show a percentage of money is exempt because it can be traced back to wages. However, when you show your evidence, the judgment creditor's lawyer will then know the identity of the employer. So they'll simply go after wages next. And, if they do already know the identity of the employer, then they will be going after wages very soon, anyway. Considering the speed of execution after their judgment, I guarantee it.
Call them and enter into a payment agreement first thing tomorrow. Don't worry about living on the street, they're never going after your house. |
12-09-2004, 08:25 PM
| | Junior Member | | Join Date: Dec 2004
Posts: 7
| | | Thank you so much for the free information! I appreciate it more than you know.
I have been sending the debtor all I can every month with a letter stating why we cannot pay the full amount due each month. I totally understand and accept responsibility that I will need to pay this back in full eventually.
Can you tell me if I am in contempt of Court when I write checks? Will my bank even cash them? That's all I need is to bounce checks! | |
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