Can a company garnish my check and my bank account at the same time?

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Can a company garnish my check and my bank account at the same time?

In the past I have always had my employer issue me a paper payroll check rather than use direct deposit to avoid having my entire payroll amount from being taken by a creditor. However, I have a new employer now and they only offer direct deposit or one of those debit cards. I am now concerned the creditor will take everything from me once it is deposited into an account by my employer. What can I do to stop this? What are my options? I simply can’t afford to pay this debt back. How can I keep a company from garnishing my check or my bank account?Is bankruptcy the only option?

Asked on September 28, 2011 under Bankruptcy Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I can tell that this situation is making you very anxious and although you are not alone in this economy, those words do not help at the moment.   Now, you can start trying to look in to options other than bankruptcy by calling the Oregon Attorney General's office and seeing if they have any debt counseling service or can refer you to a list of agencies that are not legitimate.  Start there.  There are federal programs that may also be available depending on the  amount of the debt.  If the debt can be reduced and an agreement made then you may not have to worry so much about a suit and judgement and garnishment. If that is not an option then speak with some one about bankruptcy.  But do not wait.  This will not go away.  Good luck. 


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