Is a credit card attorney compelled to release my bank account from garnishment if I have received an exemption from garnishment from the court?

I received an exemption from garnishment aobut a month ago due to my unemployed status. As of today the plaintiff’s attorney still has not released my bank account.

Asked on September 12, 2011 under Bankruptcy Law, Alabama


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you received an order declaring that the garnishment upon you bank account was precluded and the moneys levied upon need to be returned to you due to your unemployed status, you need to do the following:

1. write the attorney representing the judgment creditor that levied upon your bank account about the status of the release of your money and when you can expect its return. Mention the order declaring that your bank account was exempt due to your unemployed status. Keep a copy of the letter for future reference;

2. write the sheriff's department who levied upon your bank account and send a copy of the order from the court stating that the bank account levied upon was exempt. In it ask for the return of your money and inquire when you might expect to receive it.

Keep a copy of the letter for future reference.

Good luck.

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