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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Unhappy Credit Card Company Put a Hold on My Checking and Savings Accounts

    My question involves judgment recovery in the State of: Minnesota

    I went to my bank acct today and everything was on a hold. I called and they say the credit card company put a hold on it. I knew there was going to be a judgment against me, but I did not know they would take everything. I have been out of work for over a year do to back surgeries. I get $57 a week in unemployment. What I had in my acct was barley enough for me to live off of and now it is all gone. What do I do? The bank gave me the # to the attorny and to their leagal dept. Can I call the attorny and set up a payment arangment still or will they just take everything and leave me broke with no way to pay for my heating, elect, food, or rent? Does anyone know what my options are at this point?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    73,755

    Default Re: Credit Card Company Put a Hold on My Checking and Savings Accounts

    If your accounts were garnished pursuant to an order of garnishment following a default judgment, I'm skeptical that the judgment creditor is going to be ordered to return any of the money. So far you haven't indicated that you have facts that might result in the court ordering the return of any funds. You can try negotiating with the creditor, although I suspect they're only going to want to negotiate in relation to any remaining balance.

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Credit Card Company Put a Hold on My Checking and Savings Accounts

    Is it true that since the money in my acct was from a work comp settlement and I am currently on unemployment, receive food assistance, and state funded medical that my money is exempt from being garnished? I was told that I only needed 1 reason for exemption and I have 4 that I should not have a problem getting my money back, but I would like to know if this is the truth or not. Thanks for any advise.

  4. #4
    Join Date
    Oct 2006
    Posts
    5,452

    Default Re: Credit Card Company Put a Hold on My Checking and Savings Accounts

    Quote Quoting Missi21er
    View Post
    Is it true that since the money in my acct was from a work comp settlement and I am currently on unemployment, receive food assistance, and state funded medical that my money is exempt from being garnished? I was told that I only needed 1 reason for exemption and I have 4 that I should not have a problem getting my money back, but I would like to know if this is the truth or not. Thanks for any advise.
    IF the workman's comp settlement is exempt then yes, you should be able to get your account released. However, I have no idea if that's true or not.

  5. #5
    Join Date
    Jul 2010
    Posts
    3,474

    Default Re: Credit Card Company Put a Hold on My Checking and Savings Accounts

    571.72 GENERAL GARNISHMENT PROVISIONS.
    Subdivision 1.Rules of Civil Procedure.

    Subd. 8.Exemption notice.

    In every garnishment where the debtor is a natural person, the debtor shall be provided with a garnishment exemption notice. If the creditor is garnishing earnings, the earnings exemption notice provided in section 571.924 must be served ten or more days before the service of the first garnishment summons. If the creditor is garnishing funds in a financial institution, the exemption notice provided in section 571.912 must be served with the garnishment summons. In all other cases, the exemption notice must be in the following form and served on the debtor with a copy of the garnishment summons.
    STATE OF MINNESOTA DISTRICT COURT
    COUNTY OF JUDICIAL DISTRICT
    (Creditor)
    against
    (Debtor)
    and EXEMPTION NOTICE
    (Garnishee)

    A Garnishment Summons is being served upon you. Some of your property may be exempt and cannot be garnished. The following is a list of some of the more common exemptions. It is not complete and is subject to section 550.37 of the Minnesota Statutes and other state and federal laws. The dollar amounts contained in this list are subject to the provisions of section 550.37, subdivision 4a, at the time of garnishment. If you have questions about an exemption, you should obtain legal advice.

    (1) a homestead or the proceeds from the sale of a homestead;

    (2) household furniture, appliances, phonographs, radios, and televisions up to a total current value of $5,850;

    (3) a manufactured (mobile) home used as your home;

    (4) one motor vehicle currently worth less than $2,600 after deducting any security interest;

    (5) farm machinery used by an individual principally engaged in farming, or tools, machines, or office furniture used in your business or trade. This exemption is limited to $13,000;

    (6) relief based on need. This includes:

    (i) Minnesota Family Investment Program (MFIP) and Work First Program;

    (ii) Medical Assistance (MA);

    (iii) General Assistance (GA);

    (iv) General Assistance Medical Care (GAMC);

    (v) Emergency General Assistance (EGA);

    (vi) Minnesota Supplemental AID (MSA);

    (vii) MSA-Emergency Assistance (MSA-EA);

    (viii) Supplemental Security Income (SSI);

    (ix) Energy Assistance; and

    (x) Emergency Assistance (EA);

    (7) Social Security benefits;

    (8) unemployment benefits, workers' compensation, or veteran's benefits;

    (9) an accident, disability, or retirement pension or annuity;

    (10) life insurance proceeds;

    (11) earnings of your minor child; and

    (12) money from a claim for damage or destruction of exempt property (such as household goods, farm tools, business equipment, a manufactured (mobile) home, or a car).
    Subd. 9.Motion to determine objections.

    Upon motion of any party in interest, on notice, the court shall determine the validity of any claim of exemption and may make any order necessary to protect the rights of those interested.
    Subd. 10.Exemption notice for prejudgment garnishment.

    EXEMPTION NOTICE

    IMPORTANT NOTICE: A garnishment summons may be served on your employer, bank, or other third parties without any further court proceeding or notice to you. See the attached Notice of Intent to Garnish for more information.

    The following money and wages may be protected (the legal word is exempt) from garnishment:

    1. Financial institutions/bank

    Some of the money in your account may be protected because you receive government benefits from one or more of the following places:

    MFIP - Minnesota family investment program,

    MFIP Diversionary Work Program,

    Work participation cash benefit,

    GA - general assistance,

    EA - emergency assistance,

    MA - medical assistance,

    GAMC - general assistance medical care,

    EGA - emergency general assistance or county crisis funds,

    MSA - Minnesota supplemental aid,

    MSA-EA - MSA emergency assistance,

    Food Support,

    SSI - Supplemental Security Income,

    MinnesotaCare,

    Medicare Part B premium payments,

    Medicare Part D extra help,

    Energy or fuel assistance,

    Social Security benefits,

    Unemployment benefits,

    Workers' compensation,

    Veterans benefits.

    Sending the creditor's attorney (or creditor, if no attorney) a copy of BANK STATEMENTS that show what was in your account for the past 60 days may give the creditor enough information about your exemption claim to avoid a garnishment.

    You can google the actual section but it does appear that your funds may be exempt from the garnishment. You need to speak to both your bank and the lawyer representing the creditor to get this straightened out. You may also contact Legal Aid in your area to see if there is any legal assistance you can receive in fixing this. I would also contact the agencies disbursing funds to you and request checks instead of direct deposit until this is fixed.

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