• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Garnishment of bank account

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

You are essentially asking for advice on how you can hide your money from the creditors. :confused:
This is a legal advice forum, not a "how can I get away with it" forum.
 


quincy

Senior Member
Appreciate. I will go to a different bank that was not served with writ. the creditor is not aware that I have another bank account.

Hypothetically, if I open another account (2nd account) at the bank (bank X) that was already served with writ, and deposit the cheque in that 2nd account, can I use the money in that 2nd account freely until another writ was served to that bank X?

If may salary is not garnished at my employer (due to head of household exception or whatever reason may be), is it a safe idea for me to collect my salary cheque physically and get it cashed at check-cashing place (after paying the fee charged)? In general, if I ask my employer to give the physical cheque each month (or biweekly, as per employer's payment schedule) then the employer is obligated to honor that request it (or the employer has the right to say that they will do direct deposit only)?


If I receive a cheque from 'someone' (who is not my employer) then whether either of the following choices will prove that 'someone' has given me the cheque:
(i). I deposit that cheque in my bank account and I use the funds in that account later on
(ii). I go to the bank from where that cheque was issued (i.e., the bank where 'someone' has account), then present the cheque (and show my ID) and get immediate cash
It is likely that your wages will be garnished if what is in your bank account does not satisfy the judgment. If/when that happens, even if you collect your paycheck from your employer directly, the money for the judgment-creditor already will have been deducted.

There are a few ways to protect your assets from judgment-creditors - and you can speak to a financial counselor in your area about this - but the bottom line is that the creditor has a long long time to collect what is owed. You probably should expect that you will eventually have to pay what is owed - absent a bankruptcy filing, which you already noted is not a possibility for you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top