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Bank Garnishment

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LPM2010

New member
In 2012 a creditor tried to garnish my wages for $2k. The judge signed the order but I had & still have too much child support garnishment coming out my check that they couldn't take anything. I just checked my bank account & it was garnished by this creditor for over $4k. I only had $5 in my bank act to begin with making my account negative $4k. Is this legal? What are my rights? I looked on the case search and they got another property garnishment but I'm still in the same boat with my finances. I never even received anything in the mail from the courts. I'm in MD.
 
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justalayman

Senior Member
The involved state must be provided.


But


Your bank account isn’t your paycheck. Different rules apply to each of them.

But

They can’t take more money out of your account than you have so they could not have caused it to be overdrawn by $4000.
 

Zigner

Senior Member, Non-Attorney
LPM2010 - the person who asked for the garnishment is the creditor, not the debtor. You are the debtor.

...and why do you think you'd get something in the mail before your account is garnished? Why would they give you an opportunity to yank your money out of the bank and foil the garnishment?
 

LPM2010

New member
The involved state must be provided.


But


Your bank account isn’t your paycheck. Different rules apply to each of them.

But

They can’t take more money out of your account than you have so they could not have caused it to be overdrawn by $4000.
I'm in MD. My bank acct is showing negative $4k. Per my bank, the amount is currently still processing.
 

adjusterjack

Senior Member
What are my rights?
Here's the important right. You have the right to exempt up to $6000 cash from judgment.

See MD statute 11-504 (b) (5):


Note that you have to file a motion with the court within 30 days of the attachment or levy.

Also read Rules 3-645 and 3-645.1:



Here's a form you can file with the court.


Make several originals. Bring them to the court personally and get your copy date stamped by the clerk. Don't rely on mail. Send a copy to the creditor and give a copy to the bank. Once you get the release order signed by the judge, bring it to the appropriate person at the bank or fax it if the appropriate person is at some other location than your branch and fax a copy to the creditor. Then follow up every day to make sure your account is released.

Once you get out from under this bank levy I suggest you stop doing business with banks. If you have any direct deposits, put a stop to them and have checks mailed to you and use check cashing services and money orders to pay your bills.

Judgments in MD are good for 12 years, can be renewed, and accrue interest and attorney fees so you would be wise to figure out how to settle the debt so bad things like this don't happen again.
 
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