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Bank Garnishment

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CanIWIN

Member
What is the name of your state?Oklahoma

Update..I filed a bank garnishment on my default judgment & it was served on the bank.Thanks for everyones advice on this forum..Im still hoping the company banks there..Well when i filed my bank garnishment,it didnt ask for any telephone number so i didnt provide one.I only provided my address.Well, I found out tonight that the Bank called my parents home looking for me about the legal papers I filed.I have no clue how they obtained this number because its an unlisted number & I didnt provide a number..My question is..Do they normally call you when they receive a bank garnishment or just make a reply back to the affidavit thats filed? OR can I hope for the BEST that they have garnished there bank account & Ill receive my funds...Any incite on this..Thanks guys..& Ill be calling the bank first thing on Monday.
 


seniorjudge

Senior Member
CanIWIN said:
What is the name of your state?Oklahoma

Update..I filed a bank garnishment on my default judgment & it was served on the bank.Thanks for everyones advice on this forum..Im still hoping the company banks there..Well when i filed my bank garnishment,it didnt ask for any telephone number so i didnt provide one.I only provided my address.Well, I found out tonight that the Bank called my parents home looking for me about the legal papers I filed.I have no clue how they obtained this number because its an unlisted number & I didnt provide a number..My question is..Do they normally call you when they receive a bank garnishment or just make a reply back to the affidavit thats filed? OR can I hope for the BEST that they have garnished there bank account & Ill receive my funds...Any incite on this..Thanks guys..& Ill be calling the bank first thing on Monday.
Q: Do they normally call you when they receive a bank garnishment or just make a reply back to the affidavit thats filed?

A: Ask the bank.
 

CanIWIN

Member
Spoke with Bank

In the state of Oklahoma: Spoke to the legal department at the bank today and she told me that this account flowed into a master account which was under another name.She told me she would research it & call me back,but she also told me during the phone call that the judgment wasnt against them as well.Is there a way i can still garnish that account with this judgment order?
 

badapple40

Senior Member
CanIWIN said:
In the state of Oklahoma: Spoke to the legal department at the bank today and she told me that this account flowed into a master account which was under another name.She told me she would research it & call me back,but she also told me during the phone call that the judgment wasnt against them as well.Is there a way i can still garnish that account with this judgment order?
Yes -- serve a garnishment on the "master" account as well.
 

dcatz

Senior Member
Wait to hear from the bank, but I'm all but certain that the answer will be no.

Hard to tell from the information posted, but if you're hitting the account of an entity not named in the judgment, the answer is no.

You'll have to determine the relationship (it may just be a parent company and you only named, served and got judgment on a subsidiary). Whatever the problem, you have to have the judgment amended to add the name of the ultimate account holder.
 

CanIWIN

Member
dcatz said:
Wait to hear from the bank, but I'm all but certain that the answer will be no.

Hard to tell from the information posted, but if you're hitting the account of an entity not named in the judgment, the answer is no.

You'll have to determine the relationship (it may just be a parent company and you only named, served and got judgment on a subsidiary). Whatever the problem, you have to have the judgment amended to add the name of the ultimate account holder.
I only have Judgment against the subsidary it seems and not the Parent company where they deposit there funds.Im still waiting on that phone call from the bank..Is it difficult to get a judgment amended?
 

CanIWIN

Member
badapple40 said:
Yes -- serve a garnishment on the "master" account as well.
Badapple40,
Are you saying to serve a garnishment on the master account w/o getting the judgment amended?
 

dcatz

Senior Member
Q. Is it difficult to get a judgment amended?

A. No, especially not if you're being deprived of your equitable enforcement rights by this "pass-thru" arrangement. However, since it is now clear that you didn't "dig deep enough" on your first try, you should make certain of the nature of the relation, so that you're not running back and forth to court. Make sure that you can show that it's a wholly-owned subsidiary or that you've taken judgment against ABC Sales when it should be XYZ, Inc. dba ABC Sales or whatever the relation is.

I'll let badapple40 answer the question that you've posed to him, but I will tell you that, in my state (which is not yours or his), you could not reach the account of an entity that is not named in the judgment. The bank would be liable to the account holder.
 

badapple40

Senior Member
That is right, you need a judgment with the name of the account holder on it. I took your post to mean that you obtained such an order.

Go after the parent, if, for nothing else, fraudulent transfer.
 

CanIWIN

Member
Thanks to the both of you..

It was a Lawyer who did my suit..Im just doing the collection part of it.It was due to the errors like this why I asked him not to be involved any longer..Why would one be so lazy not to found out the DBA? It took me 15mins to figure out once i started looking for them..Enough of me ranting. Whats my first step in amending this judgment? Thanks for all your help.I have learned so much from this forum..Thanks again..
 

CanIWIN

Member
Spoke with Bank again

I called the legal dept at the bank because she hadnt called my back,she informed me that they were still investigating it..While,ive been in idle time Ive been searching on how to amend judgments,if thats the route i have to take,but I havent found anything.Could someone point me in the right direction?Thanks again..
 

dcatz

Senior Member
As you were told, the first step is to find out what the true relationships are.

The second step is to obtain documentary evidence to support your request - corporate filings, fictitious business name filings, even subpoena the bank records to show the "pass-thru". Be sure that your documentary evidence is in a form that your court will accept - eg. certified copies.

The third step is to look for statutory grounds for the motion - like a statute that says judgments, defaults, orders etc. can be amended, revised, vacated etc. for good cause.

Turn the evidence into a good cause argument and you should prevail.

If you can't find the statute, you can try arguing that you made an excusable mistake that is now depriving you of your enforcement rights (but there probably is a statute).
 

CanIWIN

Member
dcatz said:
As you were told, the first step is to find out what the true relationships are.

The second step is to obtain documentary evidence to support your request - corporate filings, fictitious business name filings, even subpoena the bank records to show the "pass-thru". Be sure that your documentary evidence is in a form that your court will accept - eg. certified copies.

The third step is to look for statutory grounds for the motion - like a statute that says judgments, defaults, orders etc. can be amended, revised, vacated etc. for good cause.

Turn the evidence into a good cause argument and you should prevail.

If you can't find the statute, you can try arguing that you made an excusable mistake that is now depriving you of your enforcement rights (but there probably is a statute).
Thanks Dcatz
 

CanIWIN

Member
Update

Today the company im suing calls me.I missed the call, so i have returned the call & left the message..Obviously the bank has alerted the company.If the bank has not frozen the company's account or accounts and alerted them and they close there account.Can i had the bank liable (negligence)?
 

badapple40

Senior Member
CanIWIN said:
Today the company im suing calls me.I missed the call, so i have returned the call & left the message..Obviously the bank has alerted the company.If the bank has not frozen the company's account or accounts and alerted them and they close there account.Can i had the bank liable (negligence)?
What duty does the bank owe to you (not their customer), that they breached?
 
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