How can you get out of a non-earning garnishment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can you get out of a non-earning garnishment?
I had a business loan and had to sell it when the economy went down 2 years ago. Now my personal bank account just got garnished because of a judgement that was passed recently. I was not aware of any legal fillings towards me and have been blown away by the whole thing because this month’s mortgage payment and the little savings I had is gone. If you only have $5000 in a personal account is it subject to the $5000 exemption?
Asked on November 3, 2011 under Bankruptcy Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you have a judgment against you resulting from a lawsuit that you did not even know about, you might consider speaking with legal aid to seek your options for possibly setting it aside and fighting the lawsuit. There is no guarantee that the court would grant any motion regarding it.
As to your question, certain items per statute are exempt from a judgment levy. Examples are cars valued to a certain amount and retirement benefits. If the bank account of $5,000 was levied upon and it was not subject to a statutory exemption, then the whole amount could be levied upon. Perhaps you might wish to consult with a debt collection attorney?
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 AttorneyPages.com 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.