freezing bank account

[bearfootball]

JETZ,
How about this one.
I owe a mortage and two car payments through my bank, which the account is frozen. My attorney says the bank has "first dibs" on the money because my contract through my mortage and my contract through my car payment happened before this judgement was filed. So...depending on your relationship with the bank (wink, wink) you get nothing.

 

[bigun]

Jetx,

Sorry to belabor the question but, I really am confused!
Does this mean the only way things like wages and diability payments and ss can't be attached is to just cash the checks at a check cashing establishment? Seems like wage garnishment is a non factor for a determined creditor {at least in Tx.}.

 

[JETX]

"Does this mean the only way things like wages and diability payments and ss can't be attached is to just cash the checks at a check cashing establishment?"
*** No. And I have no idea where you got that idea. Okay, lets say that a debtor has $1000 in his account that is garnished (seized) and that $500 of that came from some exempt source. The debtor would file a challenge to the seizure and the court will set a hearing. At the hearing, if the debtor is able to show the court that the $500 was from an exempt source, then the court will turn over $500 to the creditor (non-exempt) and return the $500 (exempt) to the debtor.

 

[JETX]

"JETZ,"
*** Tell you what, you sure do seem to have a hard time getting four simple letters right......
You must be a Baylor Bear!!

 

[bearfootball]

JETX,
Not answering my question, leads me to believe my statement is correct.

 

[JETX]

Ah, since you finally figured out how to put all of those FOUR letters together correctly, you now get your 'treat'.... an answer to your question.

"I owe a mortage and two car payments through my bank, which the account is frozen. My attorney says the bank has "first dibs" on the money because my contract through my mortage and my contract through my car payment happened before this judgement was filed. So...depending on your relationship with the bank (wink, wink) you get nothing."
*** Not true. The money isn't the banks until the payment is due AND the payments would have to be on an automatic draw basis.
Example: Your house note is due on the first and the car payments are due on the 15th. Both are automatic draft (no checks written). The garnishment comes through on the 28th of the month. Any non-exempt funds in the account on that date are MINE. When the bank comes to take the next months payment on the 1st, no funds!!