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  1. #1
    Join Date
    May 2010
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    Default 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.

  2. #2
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    Default Re: Checking Account Was Garnsihed

    Quote Quoting TStarks
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    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.

  3. #3
    Join Date
    May 2010
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    2

    Default 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.

  4. #4
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    Default Re: Checking Account Was Garnsihed

    Quote Quoting TStarks
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    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.

  5. #5
    Join Date
    Mar 2009
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    Key West, FL
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    2,350

    Default 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.

  6. #6
    Join Date
    Mar 2008
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    1,995

    Default Re: Checking Account Was Garnsihed

    Quote Quoting TStarks
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    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".

  7. #7
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    Default Re: Checking Account Was Garnsihed

    Quote Quoting SChinFChin
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    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....

  8. #8
    Join Date
    Jan 2006
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    38,867

    Default Re: Checking Account Was Garnsihed

    Quote Quoting Dogmatique
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    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:
    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

  9. #9
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    Default Re: Checking Account Was Garnsihed

    Quote Quoting jk
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    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

  10. #10
    Join Date
    Jan 2006
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    38,867

    Default 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.

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