Can Your Bank Account be Garnished Over a Credit Card Judgment

[RHL]

My question involves collection proceedings in the State of: Ohio

Midland Funding won a judgment against my husband for an old credit card debt. The judgment was for $851. No we were not able to afford to pay it.

They sent a bank levy request to our bank for $1051.

Can they garnish our account for more than the judgment amount?

Once the bank gets the request, will they freeze our entire account balance or just the amount needed to satisfy the judgment? I did call the bank to ask but the lady I spoke with did not understand what I was asking.

Please help!

[flyingron]

Whether the account gets frozen is up to the bank. You'll have to work your way up the food chain there until you get someone with a clue.

They should not be able to exceed the amount of the order for collection. Note that they are allowed to also collect interest and the court costs in addition to the base judgment.

[RHL]

Thank you flyingron. Wouldn't the interest and court costs be included in the judgment amount though? I'm confused about how they can get a judgment then later on add on court costs.

[adjusterjack]

Thank you flyingron. Wouldn't the interest and court costs be included in the judgment amount though? I'm confused about how they can get a judgment then later on add on court costs.

Generally, the way judgment papers are written, there is a judgment amount followed by costs but post judgment interest and lawyer fees have to be computed as of the date that any particular post-judgment action is taken. That could explain the additional amount.

The bank will freeze the account and, after the appropriate waiting period, send your money to the judgment creditor. If you have more money in the account than the $1051 then it's possible that the bank will only freeze the amount required for the levy plus whatever costs the bank incurs in processing the levy.

If you have check out there or automatic payments, you'd best start calling people.

If the money in the account doesn't cover the amount claimed there is likely to be additional judgment enforcement happening in the future and the balance will grow with additional interest, fees and costs.

[RHL]

Thank you.