Legality of Checking Account Garnishment
Oh where to beging. Short story, 4-5 years ago I added my older brother to my checking account so he could cash a savings bond. The last 1 1/2 years I have been trying to get him removed from the account, finally settling a few weeks ago to open a new account and remove myself from this account. Monday I ordered checks and changed my direct deposit at work, as well as depositing a $2000 federal student loan check in to the original account (since I hadn't switched completely over and the new account puts holds on checks). Well Tuesday there was a $75 fee for garnishment and my account was $700 over drawn. With the money still showing in my account. I called the bank, they couldn't give me information other than it was a garnishment for my brother and the lawyers name. Called the lawyer, and have sent proof that all the deposits in the account are mine, and still they are refusing to return the money. Number two, federal law states that Federal student loans (stafford loans) are not attachable, so they legally cannot garnish these loans. What do I need to do? I was trying to be nice, however I'm 1 step away from eviction because I used my paycheck to cover books and tuition so I was repaying myself with the loan money. There is over $500 in overdraft and returned check fees with the bank alone, not including what my uitility companies are going to charge for returned checks. I'm sick to my stomach, I can't sleep, can't function. What is my legal leg to stand on? I have sent them everything I can, the only thing they are having issues with is the cash child support deposits, which I have a letter from my daughters father that was notorized 2 years ago stating how much he was paying every two weeks, and since he lives out of state, he deposits directly into my account. He also saves the bank slips (which I sent the scanned copies from my account online) and he has emailed a letter to the Lawyers office that put through the judgement. I can't wait though, rent is due Monday at the latest, and I don't have an understanding landlord, much less food or gas to get to and from work.
What can I do?
Re: Legality of Checking Account Garnishment
Bring a motion in the court that authorized the garnishment asking for the return of your money. You can also ask your deadbeat brother to reimburse you.
Laws and court procedures vary by state.
Re: Legality of Checking Account Garnishment
Court is going to be the only way to go. You said it "dead beat" brother. He already owes me $5000, and how much is owed to our disabled mother, we wont even mention.
Re: Legality of Checking Account Garnishment
I have been in contact with the Law firm handling the garnishment and today actually received a call from one of the lawyers. He basically told me that I have to get a hold of my brother, who would have received a writ of garnishment to challenge the garnishment. What do I do when I can't get a hold of my brother. He dosen't return phone calls, he is never at home he has avoided his entire family for over a year. The lawyer also stated that they do not know how much or what was garnished from the checking account (though I have sent them everything) and it is not up to them to ensure the money taken was legally taken it is up to the bank, however the garnishment department at the bank says the opposite. I feel like I am getting the run around here. I'm a single parent working from paycheck to paycheck trying to get myself out of debt and can't be taking on someone elses debt.