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garnishments

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ksjane

Member
What is the name of your state? KS

If a Lawyer takes you to court for past due medical bills and they are (I am assuming) trying to garnish your wages, can they "garnish", or "take" your income tax return?
Thanks ahead.
 


Ladynred

Senior Member
Have you been sued ??
Did they get a judgment ?

How do you know they're trying to garnish your wages ?

To answer your question.. NO, they cannot take your tax refund. HOWEVER, if you put it in the bank, your bank account can be garnished so you'd lose it that way.
 

ksjane

Member
In the process of being sued, havent had court yet, so no judgement or anything yet, I was just assuming that if you do get sued most likely they are gonna try and garnish wages, I mean they aren't going to just take you to court just to be going to court, right? Payment arrangements have already been attempted, however, they will not accept.
Anyways, thanks for answering my question, and as for the bank account; is it true that if their is another name on the bank account, other than your spouse, that they cannot touch the account? Such as a child who is the co owner or something like that? Thanks again.
 

Ladynred

Senior Member
Unfortunately, as long as your name is on the account, they can garnish it. You'd then have to prove that any funds that were taken were exempt if it wasn't all your money they grabbed.

Garnishment is not a given, though its probably the most used option. Actually they'd probably rather sieze bank accounts and non-exempt property, they more money faster that way.

Have you Answer their Complaint yet ?
Have you filed your exemptions with the court ? If not, you need to ASAP.

You can find the exemptions here:

http://www.thebankruptcysite.com/exemptions/kansas.htm

Wow.. KS allows unlimited homestead exempt and 20K for a vehicle ! Geez.. quick .. go out and spend ALL your cash on a new car !! LOL.

If you haven't been to court yet and they have, so far, rejected your offer of payments, then I suggest you draw up your own payment plan or settlement offer before you get to court. You'll likely be told to try and settle before you see a judge anyway. Make it something YOU can afford and take along a financial statement to backup whatever you say your limits are for payments. Also, if you can, try to negotiate for deletion of any and all entries on your credit report and get this agreement signed.

Good Luck !
 
A

allen03

Guest
Just wondering about something, LIR.
When someone files bankruptcy, don;t they have to disclose where they have bank account? If so, don't creditors go after that (even if they only have very little in the account) at time of filing? So then it gets overdrawn and person is socked with fees and has to try to find another bank??
 

Ladynred

Senior Member
Absolutely not !!

Yes, you have to disclose bank accounts on your filing papers, but once you file them, the automatic stay goes into place and your creditors are not allowed ANY form of collection activity whatsoever. IF one tries to grab at your account after your paperwork is filed, you WILL get it back and the creditor could end up with fines and sanctions to boot.
 

ksjane

Member
Ladynred

Hello again, thanks for everything, however this isnt my account, its for my cousin. It's rather complicated!
I found this website and I was wondering if you might know the legitimacy of it, go to the add and then read the paragraphs under the heading titled: "Protecting Yourself" if you wouldnt mind. I was just wondering if that was actually accurate or if it is just some bogus website. Thanks again.

http://www.carreonandassociates.com/garnishments.htm
 

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