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Checking Account Was Garnished

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  • 05-01-2010, 01:05 PM
    TStarks
    Checking Account Was Garnished
    My question involves judgment recovery in the State of: Colorado

    My checking account was garnished for $87.00, the bank charged me a $100 fee for this (I had a balance of 187.00). I am not overdrawn but I do have things coming through. I have a judgment against me from a credit card and I owe The IRS money but they were not able to tell me who took the money and told me to call on Monday and talk to their legal department. My question is should I deposit money to cover the items coming through or will that money just get taken as well. I have direct deposit from my job and they don't really issue checks but I am worried that this money will just get taken as well. most importantly the money I did have in my account was to pay child support! Any advice would be appreciated. Thanks.
  • 05-01-2010, 01:06 PM
    Dogmatique
    Re: Checking Account Was Garnsihed
    Quote:

    Quoting TStarks
    View Post
    My question involves judgment recovery in the State of: Colorado

    My checking account was garnished for $87.00, the bank charged me a $100 fee for this (I had a balance of 187.00). I am not overdrawn but I do have things coming through. I have a judgment against me from a credit card and I owe The IRS money but they were not able to tell me who took the money and told me to call on Monday and talk to their legal department. My question is should I deposit money to cover the items coming through or will that money just get taken as well. I have direct deposit from my job and they don't really issue checks but I am worried that this money will just get taken as well. most importantly the money I did have in my account was to pay child support! Any advice would be appreciated. Thanks.


    How much do you actually owe?

    Because if you owe more than that $87, they can (and usually will) keep attaching funds until it's paid off.
  • 05-01-2010, 03:09 PM
    TStarks
    Re: Checking Account Was Garnsihed
    I owe the IRS about $1500 and Capital One about $3000. So each time I make a deposit that money will go away until I take care of my debts or will it just happen again in the future? Thanks.
  • 05-01-2010, 03:35 PM
    Dogmatique
    Re: Checking Account Was Garnsihed
    Quote:

    Quoting TStarks
    View Post
    I owe the IRS about $1500 and Capital One about $3000. So each time I make a deposit that money will go away until I take care of my debts or will it just happen again in the future? Thanks.



    It really depends.

    As long as there is a court order allowing your account to be levied, they can indeed go in and take whatever is there.

    That's not guaranteeing that they will, necessarily - but it's a possibility.

    The IRS tend to just take your tax refund rather than levy your bank account but again, it's possible.
  • 05-01-2010, 04:27 PM
    KeyWestDan
    Re: Checking Account Was Garnsihed
    I have never heard of a bank taking $100 for a garnishment. Open a checking account at another bank while you are still in good standing with your current bank. Only keep minimal funds in the first account. 100 for processing what amounts to an ACH transfer is aburd.

    Generally, a party with a judgment can only take money from a checking account once a month.

    You might want to consider getting a debit card like Wired Plastic and only keeping minimal amounts in your checking account.
  • 05-02-2010, 10:26 AM
    SChinFChin
    Re: Checking Account Was Garnsihed
    Quote:

    Quoting TStarks
    View Post
    I owe the IRS about $1500 and Capital One about $3000. So each time I make a deposit that money will go away until I take care of my debts or will it just happen again in the future? Thanks.

    I do payrolls, and I know people who get their checking accounts garnished closes those accounts, cash their paychecks, and take the cash. You'll have to make do with money orders for a while, depend on someone else's checking account, or deposit the cash into "prepaid credit cards" where you put the cash into the account and then pay the bills from there.

    Some who are dumb enough to keep checking accounts open find money that is supposed to go for food "all gone".
  • 05-02-2010, 11:20 AM
    Dogmatique
    Re: Checking Account Was Garnsihed
    Quote:

    Quoting SChinFChin
    View Post
    I do payrolls, and I know people who get their checking accounts garnished closes those accounts, cash their paychecks, and take the cash. You'll have to make do with money orders for a while, depend on someone else's checking account, or deposit the cash into "prepaid credit cards" where you put the cash into the account and then pay the bills from there.

    Some who are dumb enough to keep checking accounts open find money that is supposed to go for food "all gone".



    Some companies don't offer alternate methods of paying their employees....
  • 05-02-2010, 11:28 AM
    jk
    Re: Checking Account Was Garnsihed
    Quote:

    Quoting Dogmatique
    View Post
    Some companies don't offer alternate methods of paying their employees....

    I don't know it it has changed since 2005 but at that time, apparently mandatory direct deposit was not allowed in Colorado.

    I found this from a forum discussing such:
    Quote:

    MANDATORY DIRECT DEPOSIT

    Mandatory direct deposit NOT permissible
    AK, AR, AZ, CA, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, MD, MI
    MN, MT, ND, NH, NJ, NM, NV, NY, OH, OR, PA, RI, SD, UT, VA, VT, WV, WY

    Mandatory direct deposit permissible
    ME, NC, TX, WI

    No provision on direct deposit
    AL, MO, MS, NE

    Mandatory direct deposit permissible with exceptions
    KY, LA, OK, SC, WA - if employee incurs no cost
    MA, TN - if employee can choose banking institution
    apparently Colorado still subscribes to the same rule:
    http://www.colorado.gov/cs/Satellite...&ssbinary=true
  • 05-02-2010, 11:38 AM
    Dogmatique
    Re: Checking Account Was Garnsihed
    Quote:

    Quoting jk
    View Post
    I don't know it it has changed since 2005 but at that time, apparently mandatory direct deposit was not allowed in Colorado.

    I found this from a forum discussing such:

    apparently Colorado still subscribes to the same rule:
    http://www.colorado.gov/cs/Satellite...&ssbinary=true



    Thanks for that info :)
  • 05-02-2010, 11:55 AM
    jk
    Re: Checking Account Was Garnsihed
    Quote:

    Quoting Dogmatique
    View Post
    Thanks for that info :)

    No thanks necessary. Just doin' my job ma'am, just doin' my job.:)
  • 05-02-2010, 03:21 PM
    KeyWestDan
    Re: Checking Account Was Garnished
    You can have direct deposits sent to a Wired Plastic debit card and refill it in numerous other ways.
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