Writ of Garnishment

[rizer]

What is the name of your state? Florida

I have a writ of garnishment that has been issued to my bank (unpaid State of AL income taxes). The State of Al said that this is a one time garnishment - whatever is in my account on the day that the garnishment is received by the bank is what they get. Then I am to call them and set up payment arrangements. My questions are - Up until the garnishment - should I continue to pay bills normally - since I know about it now but it hasn't happened yet - I don't want them to think I am trying to keep money from them - For instance - I get paid Friday - if the garnishment has not gone through and I go take half of the money out and pay bills am I doing anything wrong? Also, how long is an account tied up becuase of something like this - How long will it be before I can access my NEXT paycheck (in two weeks) Thanks for any help!

[JETX]

Originally Posted by rizer

I have a writ of garnishment that has been issued to my bank (unpaid State of AL income taxes). The State of Al said that this is a one time garnishment - whatever is in my account on the day that the garnishment is received by the bank is what they get. Then I am to call them and set up payment arrangements. My questions are - Up until the garnishment - should I continue to pay bills normally - since I know about it now but it hasn't happened yet - I don't want them to think I am trying to keep money from them - For instance - I get paid Friday - if the garnishment has not gone through and I go take half of the money out and pay bills am I doing anything wrong? Also, how long is an account tied up becuase of something like this - How long will it be before I can access my NEXT paycheck (in two weeks) Thanks for any help!

Check your bank account. You will find that your questions are too late.... and the state has already gotten the money.
The notice to you happens AFTER the bank has already been noticed.... and your account frozen or withdrawn.

[rizer]

No, my bank account is not frozen or withdrawn yet. The notice was sent to me certified mail and I received it on Monday (1/28). It was dated 1/21. I called my bank on Monday and they said they had not received it yet. I think actually that the State of AL sent it to the wrong location (they sent it to a customer service location in Texas) and it will have to be forwarded to Florida ( or so that is what I was told by the bank). I had a couple of outstanding checks and thankfully they both cleared today so I know that it is not frozen and/or they (State) have not made a withdrawal.

Originally Posted by rizer

No, my bank account is not frozen or withdrawn yet. The notice was sent to me certified mail and I received it on Monday (1/28). It was dated 1/21. I called my bank on Monday and they said they had not received it yet. I think actually that the State of AL sent it to the wrong location (they sent it to a customer service location in Texas) and it will have to be forwarded to Florida ( or so that is what I was told by the bank). I had a couple of outstanding checks and thankfully they both cleared today so I know that it is not frozen and/or they (State) have not made a withdrawal.

Make sure you have money in the bank before you write a check.

[JETX]

Originally Posted by rizer

No, my bank account is not frozen or withdrawn yet.

Then clearly something is wrong... and you were noticed prior to the service. I suggest you RUN (don't walk) to your bank and withdraw any funds that you don't want them to take. Because as soon as that garnishment gets where it should have gone, your accounts will be emptied.
After all, that is the purpose of garnishment on bank funds.... to get them BEFORE you are noticed and have a chance to withdraw them. Kind of defeats the purpose if you are noticed FIRST, huh??

[rizer]

Yes, I think that something went wrong somewhere. My notice was postmarked 5 days after the date of the notice probably so that the bank would have a week's headway. Like I said the bank told me that it should'nt have been sent to Texas. The only problem is that I have no idea what day it will happen. I get paid Friday by direct deposit. I dont have a problem with them taking some of my money. I do intend to pay this and will set up some payment arrangements with them I just dont want to be left with NO money for a while. Right now there is $18.00 in there so I hope they get that before Friday's direct deposit goes in. I live pay check to pay check so for them to take it all on Friday will be tough. At least it is just a one time withdrawal but they could be lucky and hit it on the right day.

[MamaLuna]

Just wondering if you got your money out in time?

I emptied my account when I got wind of a default judgment against me (they never served me) I am awaiting an order for my Motion to set aside DJ from the judge but until then I'm not taking any chances...the most money you'll find in my account is $2.00.

[rizer]

Yes, I was able to get my money out. I withdrew it on Thursday- the garnishment appeared on Friday. I do owe this and plan on making arrangements to pay it. I withdrew what I needed to pay my monthly bills and have a little bit of cash and left the rest since it will be applied to the balance.