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  1. #1
    Join Date
    Apr 2007
    Location
    VA
    Posts
    6

    Default Don't Understand Garnishment Summons

    We currently live in Virginia and my husband's bank account was frozen before any notice from (1) Capital One and (2) the Bank. He has not received anything from Capital One in reference to them obtaining (1) judgement against him, (2) being awarded the judgement (3) Garnishment Summons until after the bank account was frozen. Yet has he received anything about a judgement. On this Garnishement Summons it states that the: Creditor's Name-Capital One, Creditor's Attorney- Fran Steinberger, Debtor's Name- Husband, Garnishee's Name- Bank. Hearing date and time- 4/26/07 9:00a.m. Under the Garnishment Summons where it states: This is a garnishment against (check only one) nothing is checked, however there is under "some other debt due or properly of the judgement debtor, specificlly,_ _ _ _ 529937583 RLG027, nothing is checked under the maximum portion of disposable earnings subject to garnishemnt. It states that if non of the above are checked, then 34-29(s) applies (a plain-language interpretation of this section is on the reverse of this Garnishment Summons). (1) My question is according to this summons the GARNISHEE is the BANK and the BANK needs to appear in court not my husband? (2) he wrote a check to our landlord for our rent, at the time before his account was frozen he had the money in there to cover this check. Our landlord has told us that we have until the end of the month to pay this months rent and late fees and next months rent or we won't be able to live here anymore. No written notice from the landlord only verbal. What happens on the 26th of April to his money? Will Capital One get it or will he get his money back? (3) Can Capital One garnishee more than one place such as his place of employment? (4) If Capital One garnishee's his wages there is no way we will be able to survive less 25% garnishement. (5) Can our landlord evict us ASAP without any written notification? My husband is the only one working and we soley are supported by his income only. I've read but don't completely understand the claims of exemption. Please advise! We can't afford an attorney nor can we afford to file bankruptcy. I can do it myself but our only option is to file Chapter 13. We filed chapter 7, 7 years ago.

  2. #2
    Join Date
    Mar 2006
    Location
    I live here. Actually in a little area called the Knob. In Ohio
    Posts
    292

    Default Re: Don't Understand Garnishment Summons

    That is odd that a hearing is April 26, 2007. Is that a hearing for an award to Capital One? Does your husband have any other ganishment judgements on him? You can check on the county court records online.

  3. #3
    Join Date
    Apr 2007
    Location
    VA
    Posts
    6

    Default Re: Don't Understand Garnishment Summons

    The Summons don't state what the award is for. No my husband don't have any other garnishment judgement.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Don't Understand Garnishment Summons

    It seems as if they got a default judgment against your husband for some reason (ie for not answering a summons or appearing in court) since his bank acct. has been frozen. You might check with the court to see when & to whom the summons was served.
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