Bank is garnishing 25% of my wages from Foreclosure.. Is it legal??

[LdiJ]

Of all posters here to argue with you decide to argue with the NY attorney that has a tendency to post little bits of wisdom as he has here because there is value to them. Making the blanket statement as you have is not correct. Not enough info to advise the OP take any such action without first reviewing all the facts of the situation and depending on the facts, acting now could invoke the laws YAG referred to.

I am simply going to suggest that the OP consult a FL attorney...and take the advice of that attorney as to how to best protect his mother's assets from his financial problems.

 

[Zigner]

I am simply going to suggest that the OP consult a FL attorney...and take the advice of that attorney as to how to best protect his mother's assets from his financial problems.

much better advice

 

[justalayman]

I am simply going to suggest that the OP consult a FL attorney...and take the advice of that attorney as to how to best protect his mother's assets from his financial problems.

Now that is GREAT advice. Much better than your original advice.


the point of all of this was simple; Your advice might have been the proper advice, depending on all of the facts. Since barely any facts were known, if the OP followed your advice, he may have caused himself and his mother a lot of problems.


The OP specifically stated he does not intent to file BK as he has too many other assets that would be affected. He received notification of an impending garnishment so presumably he has already been sued and lost (which the investigation of that might provide some means of, at least temporary, relief).

Especially given the fact he has apparently already had a judgment placed against him, shuffling assets now, even if they are accounts with his mother as the primary owner, it could start a chain of events that could cause him some extreme legal difficulties and actually jeopardize money that otherwise would have been safe.

Generally, taking action specifically to remove it from access by a creditor upon notice of a suit and especially after a judgement has been obtained is usually a futile action and sometimes criminal action.