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  1. #1
    Gabby1961 is offline Junior Member
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    My bank account has been Texas Garnished

    What is the name of your state? Texas
    I went online to check my bank balance and there were 3 different debit amts on hold for my account $100.00, $553.00 $23,468.00 Pending I called the bank they told me there was a number for me to call that my Account was Texas Garnished and I had 0 balance and an overdraft for these 3 totals. The phone number is an attorneys office. I had a car loan to a texas credit union on a car I returned to them in person 2 yrs ago I couldnt pay for it cause my x had not paid child support in 3 yrs. I only have disability Social Security pay. Im totally lost on what to do the only money I had was for bills and now its gone what do I do?
  2. #2
    dcatz is offline Senior Member
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    If youíre saying that all the funds in the garnished account were from SDI payments, you go to the court and get the forms to file a Claim of Exemption, because such funds are exempt from seizure and you can get them released back to you, but you must inform the court and prove that they were from an exempt source. You might also call the court and see if the needed forms can be downloaded from an online site and filed, but you need to move promptly, whichever way itís handled.

    If some funds were from SDI and some were from a non-exempt source, you must be prepared to show where various funds originated.

    If you start getting support payments from the ex, those funds are also exempt. If you have a judgment hanging over you, and funds from exempt and non-exempt sources are all going into the same account, it might even be a good idea to establish a separate account used only for the deposit of exempt funds, so that you are not faced with commingling problems in the future.

    Understand that, while itís your legal right to recover exempt funds, this is no long-term solution to the judgment(s) that led to garnishment. The creditor will start looking for other means. Only you know if those alternatives exist and if the creditor having recourse to them will create larger problems. You knew about the judgment(s) and it isnít evident that anything was previously done. Now might be a good time to discuss the matter with the attorney who has become active. Living in denial is a virtual guarantee that something else will happen, and you wonít be expecting that either.
  3. #3
    Gabby1961 is offline Junior Member
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    texas garnishment

    What court do I get the forms from? The only money that goes in that account is my Social security disablity check and my child support check.
  4. #4
    dcatz is offline Senior Member
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    It's likely that all courts in your state use the same forms, but you file the claim with the court that issued the judgment, because that's the court that also issued the garnishment order. If you don't know what court that is, ask your bank. It should be on the papers that were served on them. The Sheriff/Marshal that served the papers should have the same information. The bank will remit the garnished funds to the Sheriff/Marshal/Court. That's the paper trial to follow, if you have no other information.
  5. #5
    Gabby1961 is offline Junior Member
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    Is Child support exempt from Texas Garnishment?

    Im being told by the attorney that filed the texas garnishment on me that Child support is NOT exempt from garnishment. Anyone else know ????
  6. #6
    dcatz is offline Senior Member
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    I'm not TX and that creates a disadvantage arguing TX law. I have no explanation for what you were told, but it looks to be exempt:
    PROPERTY CODE
    ß 42.001. PERSONAL PROPERTY EXEMPTION. (a) Personal property, as described in Section 42.002, is exempt from garnishment, attachment, execution, or other seizure if:
    (1) the property is provided for a family and has an
    aggregate fair market value of not more than $60,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property; or
    (2) the property is owned by a single adult, who is not a member of a family, and has an aggregate fair market value of not more than $30,000, exclusive of the amount of any liens, security interests, or other charges encumbering the property.
    (b) The following personal property is exempt from seizure and is not included in the aggregate limitations prescribed by Subsection (a):
    (1) current wages for personal services, except for the enforcement of court-ordered child support payments;
    (2) professionally prescribed health aids of a debtor or a dependent of a debtor; and
    (3) alimony, support, or separate maintenance received or to be received by the debtor for the support of the debtor or a dependent of the debtor.
    (c) This section does not prevent seizure by a secured creditor with a contractual landlord's lien or other security in the property to be seized.
    (d) Unpaid commissions for personal services not to exceed 25 percent of the aggregate limitations prescribed by Subsection (a) are exempt from seizure and are included in the aggregate.
  7. #7
    debtcollector` is offline Senior Member
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    Quote Originally Posted by Gabby1961 View Post
    Im being told by the attorney that filed the texas garnishment on me that Child support is NOT exempt from garnishment. Anyone else know ????
    It is generally a bad idea to accept legal advice from opposing counsel.

    DC
  8. #8
    dcatz is offline Senior Member
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    Well, yeah. DC is succinct, blunt and correct. He doesnít mince words. I had an explanation but deferred to ďprofessional courtesyĒ blah, blah, blah and thought youíd read between the lines. If it left you wondering, it was a disservice and an error.

    I donít know that the statutory reference holds up under any and all conditions, but I havenít found anything to contradict or qualify it yet. You have to claim the SDI exemptions anyway. Claim all possible exemptions and let the court sort it out. But carry the statutory reference with you, when you appear, to make sure that court can have a copy and doesnít have to go digging. (Personally, I think/hope it will be obvious to the court.)
    Last edited by dcatz; 01-22-2008 at 09:43 AM.
  9. #9
    Gabby1961 is offline Junior Member
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    I have no funds and am told I make too much for legal aid...I need legal help in TX

    Anyone know of a Bankrupt Attorney in Texas or if that is the best way for me to go?
    Im a disabled single Mom. With a Levy of Texas Garnishment on my Bank account. So no funds available to me at this time. I owe 24,796.01 in credit card debt on top of the 11,734.16 Texas Garnishment. ( not sure why at bank its double that amt but the judgement is only the 11 thousand). This is all causing my health to worsen due to stress. If someone local knows of a bankrupt attorney please let me know.
    Thank you
  10. #10
    marbol is offline Member
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    No judgement

    Quote Originally Posted by Gabby1961 View Post
    Anyone know of a Bankrupt Attorney in Texas or if that is the best way for me to go?
    [ ... ] With a Levy of Texas Garnishment on my Bank account. [ ... ]
    Thank you
    Do you have a judgement against you? Or did someone just go and grab money from your bank account and send you a letter that looks official? They just can't do that without a judgement from a court. Sorry.

    Also, they can't just send in an amount like 23 thousand dollars if you have a balance of, say 40 dollars, and then let the bank pay them and then the bank becomes the creditor for that amount. That would make your bank into a collection agency. That's not allowed. If they have a judgement for an amount, and can get your cash, they can only take what's in your account.

    Also, in Texas, they cannot garnish your wages. Did they try to do that? Something sounds fishy about all of this. Can you elaborate more?
  11. #11
    dcatz is offline Senior Member
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    Do you have a judgement against you? . . .Also, in Texas, they cannot garnish your wages. Did they try to do that? Something sounds fishy about all of this. Can you elaborate more?

    I returned to them in person 2 yrs ago
    I only have disability Social Security pay
    but the judgement is only the 11 thousand
    I owe 24,796.01 in credit card debt on top of the 11,734.16 Texas Garnishment
    Car judgment is approximately 2 years old, assuming that it the only one active or pending. Bank will not freeze funds in response to a letter; a garnishment order is needed. Disability and child support are the only referenced sources of income, suggesting the proscribed wage garnishment should not be an issue. What sounds fishy? Can you elaborate?

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