Someone has garnished moneyfrom my savings account. I never recieved a summons or notification. Do I have any way to get some of my savings back? I

UPDATED: May 18, 2009

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Someone has garnished moneyfrom my savings account. I never recieved a summons or notification. Do I have any way to get some of my savings back? I

Garnishment without notification, complete garnishment of wages, leaving someone without food or rent income.

Asked on May 18, 2009 under Bankruptcy Law, Colorado


LAR, Member CA State Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The situation as you describe indicates that you were denied "due process of law."  That is, you are being deprived of property without having notice and the right to be heard before a court of law. 

This sounds like you were sued in a small claims type of court in which service of papers is made by mail and if the mail is not returned, then you are considered "served."  If you have changed your address and the mail did not go to where you are currently residing, you have a good defense but you have to prove that you were not properly served. 

The first step is to find out who garnished the money.  The bank can put you in touch with the requesting garnishor.  Find out the court where a judgment was entered that enabled the levy on your bank account to be processed.  You can then make a motion to the Court to vacate the judgment based on improper service and proceed to defend your case if the court finds your position has merit.

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.

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