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Bank Account Garnishment

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Anonymous
Not applicable

Bank Account Garnishment

Midland Funding won a judgment against my husband for an old credit card debt.

They mailed a levy notice to our bank yesterday.

The judgment is for $851. But the levy notice is for $1051. Can they take more than the judgment amount??

Will the bank freeze every penny in our account or just the judgment amount?

State is Ohio.

Please help!!
Message 1 of 11
10 REPLIES 10
A1Credit
Established Contributor

Re: Bank Account Garnishment


@Anonymous wrote:
Midland Funding won a judgment against my husband for an old credit card debt.

They mailed a levy notice to our bank yesterday.

The judgment is for $851. But the levy notice is for $1051. Can they take more than the judgment amount??

Will the bank freeze every penny in our account or just the judgment amount?

State is Ohio.

Please help!!

Sorry to hear that you and your husband are going through this.

 

Was he not able to pay the amount owed before the judgement was granted?

***Gardening 3/29/2018 until 9/25/2018***

FICO 8 Scores: EQ~692 l TU~657 l EX~669
Message 2 of 11
Anonymous
Not applicable

Re: Bank Account Garnishment

No, unfortunately not.
Message 3 of 11
A1Credit
Established Contributor

Re: Bank Account Garnishment

I'm sorry I don't have any experience in judgements or garnishments.  Can you guys pay the judgement amount off before any garnishments take place?  Could the additional amount be fees?

***Gardening 3/29/2018 until 9/25/2018***

FICO 8 Scores: EQ~692 l TU~657 l EX~669
Message 4 of 11
Anonymous
Not applicable

Re: Bank Account Garnishment

No, the Bank will withhold funds as soon as get ver the notice. I assume by Monday. I'm trying to figure out asap if they'll freeze the entire account. Thank you though.
Message 5 of 11
Anonymous
Not applicable

Re: Bank Account Garnishment


@Anonymous wrote:
No, the Bank will withhold funds as soon as get ver the notice. I assume by Monday. I'm trying to figure out asap if they'll freeze the entire account. Thank you though.

To the best of my inowledge, as I'm not a lawyer,  unfortunately they will freeze the entire account.  Might want to read this and good luck in resolving it as soon as possible.

 

https://www.garnishmentlaws.org/bank-account-garnishment/

Message 6 of 11
A1Credit
Established Contributor

Re: Bank Account Garnishment

I thought the account would be frozen completely until they deduct the amount owed in full then release it but I could be wrong.  Like I said...I have never dealth with this.  Can you call the court or a number provided on the letter to get clarification?

***Gardening 3/29/2018 until 9/25/2018***

FICO 8 Scores: EQ~692 l TU~657 l EX~669
Message 7 of 11
RobertEG
Legendary Contributor

Re: Bank Account Garnishment

A judgment on debt will usually award the principal amount of the debt as a set amount,  and additionally grant continued accrual of interest until the debt is satisfied, and may also include other fees, such as court and legal fees, which become part of the judgment.  It is common for the current amount to satisfy a judgment to increase.

What was awarded under the terms of the judgment?

 

Additionally, the furnisher attachment of assets or garnishments is by way of a writ of satisfaction, which is separately awarded by a court if the judgmentt debtor has failed to comply with satisfaction of the judgment.  What was specifically awarded in the writ of satisfaction issued by the judgment court?

Message 8 of 11
SouthJamaica
Mega Contributor

Re: Bank Account Garnishment


@Anonymous wrote:
Midland Funding won a judgment against my husband for an old credit card debt.

They mailed a levy notice to our bank yesterday.

The judgment is for $851. But the levy notice is for $1051. Can they take more than the judgment amount??

Will the bank freeze every penny in our account or just the judgment amount?

State is Ohio.

Please help!!

You need to talk to a local lawyer; some or all of the money might be exempt.


Total revolving limits 568220 (504020 reporting) FICO 8: EQ 689 TU 691 EX 682




Message 9 of 11
Anonymous
Not applicable

Re: Bank Account Garnishment


@Anonymous wrote:
Midland Funding won a judgment against my husband for an old credit card debt.

They mailed a levy notice to our bank yesterday.

The judgment is for $851. But the levy notice is for $1051. Can they take more than the judgment amount??

Will the bank freeze every penny in our account or just the judgment amount?

State is Ohio.

Please help!!

Usually they will take whats owed on the very first try. I believe if they don't get whats owed on the first shot they have to mail another Levy notice to your bank for a second time and continue doing it that at until they get whats owed plus interest.

 

If I'm wrong I stand to be corrected.

Message 10 of 11
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