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HELP! Bank account emptied by wage garnishment.

Member

HELP! Bank account emptied by wage garnishment.

I need some help. Apparentely I was sued for a balance of a credit card even though I never signed a summons or received notice that I was being sued. Barclay's is the creditor that sold it to a credit law firm.

 

Today I went to check my bank account (to which I just deposited my financial aid check) and it had a zero balance AND bounced my rent check. Apparently they won in court, filed a Public Record on my credit report, and emptied my bank account - leaving me with 15 bounced payments.

 

What can I do? We can't pay any bills now nor have any money for emergencies. Please help!!!

Message 1 of 9
8 REPLIES
Senior Contributor

Re: HELP! Bank account emptied by wage garnishment.

Ah geez.  I am so sorry.

 

I don't know that you can get the money back - especially anytime soon - but definitely DO NOT DEPOSIT any more money into that bank account.  If you have any autodrafts coming in, STOP THEM.

 

Are you working in addition to school?  If so, find out from your HR person on Monday if they have a lien on your paycheck, too.

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 2 of 9
Senior Contributor

Re: HELP! Bank account emptied by wage garnishment.

Sorry.

 

Hope things turn around for you.


Starting Score: 675
Current Score: EX 753 FICO, EQ 737FICO, TU 738
Goal Score: 776 FICO


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Message 3 of 9
Contributor

Re: HELP! Bank account emptied by wage garnishment.

Contact your bank and get copies of everything - also contact the county district court where the lawsuit was filed and get copies of everything and see what you are facing, make sure they did everything correctly and it is within the SOL.

 

After the garnishment do you still owe them more?  Don't procrstinate - call them and work something out if you do - also maybe your bank can help you with your situation with all of the bounced payments.

 

Good luck and hopefully it will get better for you soon.

07/23/12 - EQ - 733

Low Point - 558 in late 2009
Working towards being debt free! FICO Goal: 700+ and debt free!
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Message 4 of 9
Valued Member

Re: HELP! Bank account emptied by wage garnishment.

if you have children i beleive you can contact the court and fight it...worked for our friend and they gave him his money back saying it was made up of earnings and child support.. i would contact the court

Message 5 of 9
Valued Contributor

Re: HELP! Bank account emptied by wage garnishment.

I dont know about your state, but where i used to live and where i live now, they were never able to take 100% of available funds..... i  belive the max was 60%....

My credit journey has completed. I am currently sitting at 800+ across the board.

I started my journey here years ago, and thanks to MyFico, it really is possible.
Message 6 of 9
Regular Contributor

Re: HELP! Bank account emptied by wage garnishment.

You have a judgement, and you need to get that judgment vacated on grounds you were never served. Get thee to court, and fill out the paperwork immediately. You'll get a hearing date scheduled, after a judge will decide whether to vacate the judgment or not. if the judgment is vacated, the judge will likely order the funds returned to you. You'll then have a chance to negotiate a settlement with the creditor, or fight this on other grounds (SOL, for example) at trial.

Good luck. What's the credit law firm?

Message 7 of 9
Senior Contributor

Re: HELP! Bank account emptied by wage garnishment.


Andrew22 wrote:

You have a judgement, and you need to get that judgment vacated on grounds you were never served. Get thee to court, and fill out the paperwork immediately. You'll get a hearing date scheduled, after a judge will decide whether to vacate the judgment or not. if the judgment is vacated, the judge will likely order the funds returned to you. You'll then have a chance to negotiate a settlement with the creditor, or fight this on other grounds (SOL, for example) at trial.

Good luck. What's the credit law firm?


Wait one minute here.  Would I get my funds back since my judgment was vacated???????? 

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 8 of 9
Valued Member

Re: HELP! Bank account emptied by wage garnishment.

 yes you would

 

Message 9 of 9