garnishment

What is the name of your state? virginia

My husband and I are in the midst of filing bankruptcy,we have obtained an attorney,however the filing has not been submitted.I met with her last week and she told me to go home and gather several items up and come back.While I was there a summons for garnishment was served at my house for a creditor in the amt. of $1200,said the hearing date was 2 months away.In the meantime I have deposited over $1500 in my checking acct. and written checks for all most of that amt.Over the week-end i starting getting noticed for bounced checks.The financer has frozen the acct.The bank has paid all of the checks but is charging about $400 for the checks.So I'm out $1600 and still have to cover all the checks written.My question is,can they garnish the entire loan amt.?Something in the summons said they can take a percentage of earnings but doesn't say how much.Also,the loan is mine with my husband as a co-signer,he is the main one on the checking acct,can they garnish his money without notification to him as they only notified me.My lawyer said technically they can't but to fight it would take a couple of months.How can they justify taking a family's money?I have $10 to my name and 3 kids.Also,what is the banks responsibilty to call and notify me not to write anymore checks?Thanks for any advice!

[bigun]

Anytime you have a judgement against you, the creditor can do anything state law allows. The garnishment notice applies to a wage garnishment. When they freeze the bank account, the bank simply has to comply with the court order. They are under no obligation to inform you of what happened.

Again, the garnishment notice was for a wage garnishment. If they find it in a lump sum at the bank, they can take it all. Actually, I'm pretty sure you can get it returned when the petition is filed but, the lawyer is right. It'll take some time.

[Ladynred]

I guess my question would be.. why didn't your lawyer file a quick petition to stop the judgment before this happened ??? Or didn't you know any judgment was coming ?

I knew the judgement had been put on me aprox.3 months prior,I did not know they would act so quickly,and at that time we were still trying to work with everyone to pay our debts,as I even continued to make payments to this finance company,and tried to avoid bankruptcy.The lawyer just told me to bring any summons or garnishments to her office and I had no idea the garnishment would take effect at the same time the summons came in.I don't think she would have had time to stop it as I retained her the same day it happened.Thanks!

[Ladynred]

Well, given that you retained her the same day the summons came I guess she couldn't have done anything quickly enough

They are snakes.. they will grab everything they can get before the ink is dry on the papers. Actually, I'm surprised it took them 3 months to act.

Good Luck.

Thank you,I need a the luck I can.We have a saying around,if it weren't for bad luck,we'd have no luck at all.