Bank Garnishment

[NuBginn]

What is the name of your state? Virginia

On yesterday, I went in to my Credit Union to withdraw funds. Found out that their was a Garnishment/freeze placed on my acct. The appropriate staff wasnt avail. to tell me who had placed the garnishment on my acct. I have no idea who it could be. I thought the before these actions could take place, a judgement must be granted, and all parties involved must recieve proper notiification. Is this not true? I have not recieved any type of notification. Then to top it off I am in the process of filing Ch. 7 BK. I wont be able to contact my Atty until Tuesday, due to the Holiday. What will happen? Will the garnishes/liens have to be removed, effectively immediately? Will my money be refunded to me? What rules do creditors have to follow when one of their clients are filing BK? Arent they supposed to stop calling and writing (cease and Desist)? Why do I keep getting phone calls? Can they be sued for violation FDCPA?

 

[dtown7]

They are suppose to send you a summons for court and then you reply to it. If you don't they can win a default judgment against you for not replying or for not showing up in court. You can go down to the county courthouse and get a copy of the court documents and judgment against you. When you didn't show up for court that allowed the creditor to garnish your wages/bank accounts. Once you get a copy of the court documents then look them over very carefully. Verify the address, your name, dates and notification process. If anything is incorrect then you can request a rehearing or a notice to vacate (dismiss the judgment) based on the fact that the judgment was granted without you being given due process. Due to to the fact that you were not properly notified in order to be able to defend yourself.

 

[Ladynred]

The important thing to find out is WHEN did they get this judgment and WHEN did they enter the levy against your account. If any of it happened AFTER you filed for BK, then its a violation of the Automatic Stay and they are in big trouble for doing it. Collection activity of ANY kind while the Stay is in place is forbidden unless they first ask the court for Relief from the Stay.