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Old 04-22-2008, 03:17 AM
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Bank account garnishment


What is the name of your state? Oregon

There are laws allowing a maximum wage garnishment. What about when you deposit wages in a bank account. Do you get to keep the part of your disposable income that creditors normally wouldn't be allowed to take.
My friend just had her entire bank account withdrawn. So they took much more than what they would be able to take from her wages.

She brings home about $1200 a month. AS I understand it the garnishment on the wage would be a max of $300. But they Granished Her account for over a thousand dollars. Can she file an exemption on some of the money taken?
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Old 04-22-2008, 03:21 AM
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[quote=ducksfan63;1902472]What is the name of your state? Oregon

There are laws allowing a maximum wage garnishment. What about when you deposit wages in a bank account. Do you get to keep the part of your disposable income that creditors normally wouldn't be allowed to take.
My friend just had her entire bank account withdrawn. So they took much more than what they would be able to take from her wages.

She brings home about $1200 a month. AS I understand it the garnishment on the wage would be a max of $300. But they Granished Her account for over a thousand dollars. Can she file an exemption on some of the money taken?

When it is deposited into the bank, it is not considered wages, and NO , she cannot file an exemption on a judgement.
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  #3  
Old 04-22-2008, 08:42 PM
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YES, you can ! There are exemptions from judgment, and you CAN appeal the bank levy - but you have a limited amount of time to do it.
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  #4  
Old 04-22-2008, 09:42 PM
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Quote:
Originally Posted by ducksfan63 View Post
What is the name of your state? Oregon

There are laws allowing a maximum wage garnishment. What about when you deposit wages in a bank account. Do you get to keep the part of your disposable income that creditors normally wouldn't be allowed to take.
My friend just had her entire bank account withdrawn. So they took much more than what they would be able to take from her wages.

She brings home about $1200 a month. AS I understand it the garnishment on the wage would be a max of $300. But they Granished Her account for over a thousand dollars. Can she file an exemption on some of the money taken?
What happened to your friend was not a garnsihment; it was a levy. Bank accounts are levied; wages are garnished.

The bank will take all available funds minus their fee for the levy even if it leaves the account at a $0 balance. The bank should also send her a notification of the levy in the mail. My expertise is banking, so I will defer to the senior members for the ability to appeal a levy that has been exercised.
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