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@Anonymous wrote:First of all to Wonderin: I wasn't aguing with you, sorry if it came across that way.
OMGosh! Too funny!! **I** was worried **YOU** would think **I** was arguing with **YOU**!!!
That's why I kept saying that I wasn't arguing with you!! Since we're just writing back and forth and can't actually hear vocal tones (and the emotional cues and inflections that go with them), I was worried that you'd take my not being able to follow as arguing with you!
Honestly, Demed ... you're one helluva a contributor here. Smart, clever, and a MAJOR advocate for the "little guy" -- I like you and was worried that I might offend you (had that happen to me before). And I did NOT want that to happen!!
Hopefully, it didn't!!!
As to the actual subject, I think I understand now. So I can THINK we're on the same page, let me rephrase what you said (otherwise, I really can't be sure if I DO understand):
The bank can't actually send an account into overdraft simply for the garnishment -- so if I have $4K in my account, they can't take $5K out (a $1K overdraft) to pay for a $5K garnishment order. Right?
BUT, if other debits come through AFTER the original garnishment has been satisfied, THOSE **CAN** be overdrafted, right?
Yikes, I feel stupid. R-e-a-a-a-l-l-y stupid.
Why do I get this overwhelming desire to go and re-check the homework I helped my daughter with????? Or maybe ask my 11 yo to help her???? o_O
Thanks, Demed, HuntingBear and Mickie for explaining it to me .... hopefully, I haven't worn ya'll out with having to teach me!!!
WOnderin you're scenario actually happened to me so I can speak from experience. My paycheck was deposited at 8am Friday. Checked my balance first thing in the AM - great. Went to the bank to move my money because I was aware at some time the IRS was coming to get me. Got to the bank two hours later and everything was cleaned out - CU had received a letter to garnish (incorrect term) my account. SO I had a zero balance. Then the bills I had paid began to come in that afternoon and thereafter. My account was overdrawn at that point and it was my responsibility to pay the associated NSF fees plus the amount I owed. The biggest slap in the face is that I was also charged a fee for the CU to place the lien per IRS request - I am thinking wow you charge me to process their request ... like I wanted this to happen lol. Anyway, hope this helps with your confusion.
@Anonymous wrote:
@Anonymous wrote:First of all to Wonderin: I wasn't aguing with you, sorry if it came across that way.
OMGosh! Too funny!! **I** was worried **YOU** would think **I** was arguing with **YOU**!!!
That's why I kept saying that I wasn't arguing with you!! Since we're just writing back and forth and can't actually hear vocal tones (and the emotional cues and inflections that go with them), I was worried that you'd take my not being able to follow as arguing with you!
Honestly, Demed ... you're one helluva a contributor here. Smart, clever, and a MAJOR advocate for the "little guy" -- I like you and was worried that I might offend you (had that happen to me before). And I did NOT want that to happen!!
Hopefully, it didn't!!!
As to the actual subject, I think I understand now. So I can THINK we're on the same page, let me rephrase what you said (otherwise, I really can't be sure if I DO understand):
The bank can't actually send an account into overdraft simply for the garnishment -- so if I have $4K in my account, they can't take $5K out (a $1K overdraft) to pay for a $5K garnishment order. Right?
BUT, if other debits come through AFTER the original garnishment has been satisfied, THOSE **CAN** be overdrafted, right?
Yikes, I feel stupid. R-e-a-a-a-l-l-y stupid.
Why do I get this overwhelming desire to go and re-check the homework I helped my daughter with????? Or maybe ask my 11 yo to help her???? o_O
Thanks, Demed, HuntingBear and Mickie for explaining it to me .... hopefully, I haven't worn ya'll out with having to teach me!!!
Message Edited by Wonderin on 11-11-2008 09:56 PM
This same thing happened to me. I went to the bank and $3500 was in a reserve with an attorney's office attached to it. It was from a judgement from 1995. In some states after 10 yrs they can revive it. Which means open it up as if it was new again and come after you.
I called the bank and ask why I didn't recieve a notice from them and they said anything cout ordered is executed immediately. I then called the lawyers office and basically told him that this would put me out of my home and eventually on the street as all my bills were due at the time. The debt originally 1,093 and by the time interest acrued it was over $6000. I hired an attorney and we settled with $1900. He released me from anymore money owed. I would suggest that you get an attorney and see if he can negoitiate this debt.
I would also say the account was a business account as a sole prop. The bank said if I had and LLC they wouldn't have been able to garnish the account. Just an FYI.
I hope everything turns out well.
@Anonymous wrote:
I thought a levy might show up on your credit report as a court judgement though