If my paychecks are being garnished by child supprt, canmy creditor alsotake money out of my bank account?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my paychecks are being garnished by child supprt, canmy creditor alsotake money out of my bank account?

Asked on April 7, 2011 under Bankruptcy Law, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unfortunately, if the creditor has the proper court order, he, she, or it could garnish your bank account. Between anything you have voluntarily paid, the money garnished from your paycheck, and money garnished from you bank account, the creditor cannot get more than the total amount which you owe him--i.e., no double dipping is allowed. However, with that restriction in mind, a creditor is not limited to only garnishing your wages, if he has a wage garnishment order. Rather, he may use any and all legal means to collect a debt, including--with the proper court order (since this always takes court authorization)--directly garnishing, or taking money out of, your bank account as well.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption