How can you get out of a non-earning garnishment?

I had a business loan and had to sell it when the economy went down 2 years ago. Now my personal bank account just got garnished because of a judgement that was passed recently. I was not aware of any legal fillings towards me and have been blown away by the whole thing because this month’s mortgage payment and the little savings I had is gone. If you only have $5000 in a personal account is it subject to the $5000 exemption?

Asked on November 3, 2011 under Bankruptcy Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a judgment against you resulting from a lawsuit that you did not even know about, you might consider speaking with legal aid to seek your options for possibly setting it aside and fighting the lawsuit. There is no guarantee that the court would grant any motion regarding it.

As to your question, certain items per statute are exempt from a judgment levy. Examples are cars valued to a certain amount and retirement benefits. If the bank account of $5,000 was levied upon and it was not subject to a statutory exemption, then the whole amount could be levied upon. Perhaps you might wish to consult with a debt collection attorney?

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