I received a garnishment through my employment; can the creditor also garnish my checking account?

Question Details:

I received a judgment and a writ of garnishment. I went to court to set up monthly installments which they approved and it comes out of my paycheck each month. Can the creditor garnish my checking account without notification or would they have to send me a separate writ of garnishment for that?

Asked 11/7/2009 under Business | 191 View(s) | More Legal Topics

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Business Law Answers

I am a lawyer in CT and practice in this area of the law.  In most states, if there is an order of weekly payments, that means that the creditor must wait for those payments.  if the debtor fails to make the weekly payments then the creditor may go after the checking account without your notice.  I suggest talking to the creditor about paying a discounted lump sum to satisfy the judgment and let them know that it could wind up with no money if you declare bankruptcy.  most creditors will work with you as they do not want to lose out.  once the you declare bk, the debt is no longer valid.

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