topic Re: Bank Attachment in Rebuilding Your Credit

Bank Attachment

Anonymous — Mon, 30 Aug 2021 15:51:58 GMT

I have been slowly working on my credit since a divorce in 2015. There was one that I kind of hid from and ignored because he said she said the ex made the charges (just background on my ignorant choices). So, it is Cavalry Portfolio through the legal offices of Llyod & McDaniel. They won a judgement beck in 2017, when I was frightened of collectors and everything. Got a bank attachement, I let them keep the $1,000 and thought nothing more of it. Have slowly gotten my numbers up to 670s (not great, but way better than the 540s I did have).

Have been negotiating and paying off collections and old bills. Wake up this morning, another bank attachement. I had no idea this was coming. I have been making deals with the lower ones. And working my way up to the higher ones. I have 2 collections left. This one I am mentioning is $3,384, the original amount was like $3500, so even with the first $1,000, it just skyrocketed with fees and interest. Againmy fault for burying my head in the sand with this one.

So, this morning they took not just from me but also my adult daughter's because she didn't want to remove my name because Huntington makes you close the account and re-open a new one and she has worked at the same place for three years and didn't want to change her direct dep and bills, etc. So I feel like I could go to the bank attachment hearing that I just looked up online for the 2nd and request her money back, along with some of mine since it was mostly personal earnings that they garnished. There was $688 that was a tax refund that I know that they could keep. But they received $2534.44 between the two of us.

Here is my question, do you think if I contacted them and told them I would not contest them keeping the funds if they call it paid in full and over that they would make that deal? I have emergency cash at home to pay my kiddo back for what they took from her account. I would rather be done with it to be honest. Just wasn't sure if it was worth taking a half day from work to request the portion back or to call and negotiate. I am in Ohio

thanks!!

Re: Bank Attachment

pizzadude — Mon, 30 Aug 2021 16:44:21 GMT

If your name is on the bank account as a co-owner then I think they can garnish funds in the same way as if you were a sole owner, so I'm not sure that you have any recourse in this situation unfortunately.

Re: Bank Attachment

Anonymous — Mon, 30 Aug 2021 18:26:25 GMT

I guess I should have said that I believe in Ohio that they are only allowed to take 25% of your earnings. So, that would mean that of the $2534.41, they could keep all of the tax refund of $688, but that the balance of $1846.41 they would only be allowed to keep 25% of that. Or maybe they would just prefer to keep it all.

I couldn't find any info on here about success in getting garnishments back. I could have missed it though.

Re: Bank Attachment

pizzadude — Mon, 30 Aug 2021 19:44:03 GMT

If you're saying they took more money out of the account then allowed by law then I think you'll likely have to do some type of court filing; probably would be worth talking to an attorney who know the relevant statutes.

Re: Bank Attachment

gdale6 — Mon, 30 Aug 2021 20:00:11 GMT

You can take a look at this info on Ohio, appears 25% applies only to wage garnishments not bank levys. Typically in a bank levy they can take everything unless there is an exception and that looks to be $425 You can also see what may or may not be allowed post judgment as far as fees, interest

https://www.bills.com/debt/ohio-collection-laws

Re: Bank Attachment

Anonymous — Tue, 31 Aug 2021 19:07:45 GMT

Thank you @gdale6 ! I have not seen that website before. I appreciate your help. You as well, @pizzadude