can they do this?!?

[DJ-Dingo]

i have a settlement against me from a attorneys office for collection for a credit card company and i live in Iowa. i did fail to request a hearing and obviously lost the case. i hear that they can garnish your wages, but it has to be set up with me first. but what did happen was that they took the amount i owed them ($3000) straight out of my bank accounts and i didnt even have the money in there. i thought i was outta luck, but then someone told me that no one has any right to take money out of your account without your knowledge. and besides, how can they get $3000 from me when i dont even HAVE $3000? i have no idea what my rights are and what to do next. any answers back would be much appreciated!

 

[JETX]

Whoever told you that you had the right to approve garnishments in advance was wrong.

From your post, I assume that your bank account was garnished and your account balance(s) were seized by a judgment creditor. That is how they got your (now their) money.

As for how they got $3,000.00 from your account when you claim it wasn't there, some questions that might provide an answer:
1) How much was the outstanding debt at the time of garnishment?
2) How much was in your checking account and how much did they get from there??
3) Did you have any other accounts at that bank (savings, CD's, etc.)??
4) If you had other assets there, have you checked the balance on them???

 

[DJ-Dingo]

Actually the information I gave wasn't completely right. Please excuse me, I didn't have all the info right when I posted this question. I got paid the day they put a 'pledge' against my account. The attorney's office hasn't gotten the money yet, but as soon as its deposited into my checking and/or savings account, it goes to them. My bank tells me my check is still in there and I have a positive balance but I cannot get that money out without bringing in documentation stating that the pledge has been lifted. I need that money to pay bills and also to basically live too. I don't know if it was coincidence or on purpose that they did this the same day I got paid. I heard something once that they cannot take your entire check if a pledge is on the account, because you need money. So that check is stuck in there, and the next one will be also directly deposited too. What are my rights, and how can I get that money out? Can I have the pledge lifted from the attorneys office before I have it paid back? Thanks for your time on your answer, I really appreciate the help!

 

[JETX]

Well, since your question has changed from a generic one to a specific about your situation, we need you to read the red text at the top of the screen. Without knowing where you are, we can't help.

 

[DJ-Dingo]

I'm still in Iowa.