Can money be taken from my checking and savings accounts by a creditor, if my salary is already being garnished by 25% by that same creditor?

UPDATED: Jun 25, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can money be taken from my checking and savings accounts by a creditor, if my salary is already being garnished by 25% by that same creditor?

This is a commercial garnishment for a judgement won against me by my ex-husband. My wages are already being garnished by 25%. Can he also take money from my checking and savings account? I only have one source of income (my job) and I have no assets. Also, if I were to purchase a new or newer car to replace my 16 year old car can he take that new car from me? Does the state of California allow for wage garnishments and bank accounts to be siezed and property taken away? My income is very modest, less than $30,000 and I’m raising a son on my own; my son’s father is deceased.

Asked on June 25, 2012 under Bankruptcy Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 10 years ago | Contributor

Even though a creditor is garnishing wages, they can get a writ of execution which allows them to attach property, including bank accounts.  There are exclusions on levys of vehicles in California--meaning that if your car is levied because of the judgment and sold, the party levying your vehicle must leave you with a certain amount of equity so that you can get other transportation.  I believe this exempt amount is somewhere around $3,000. 

So, yes they can levy the bank account if they get a writ of execution.  Yes,, they seize a vehicle depending on the vehicle value.  I would not purchase a new car and would not keep all my money in the bank.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption