Can money be taken from my checking and savings accounts by a creditor, if my salary is already being garnished by 25% by that same creditor?

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Can money be taken from my checking and savings accounts by a creditor, if my salary is already being garnished by 25% by that same creditor?

This is a commercial garnishment for a judgement won against me by my ex-husband. My wages are already being garnished by 25%. Can he also take money from my checking and savings account? I only have one source of income (my job) and I have no assets. Also, if I were to purchase a new or newer car to replace my 16 year old car can he take that new car from me? Does the state of California allow for wage garnishments and bank accounts to be siezed and property taken away? My income is very modest, less than $30,000 and I’m raising a son on my own; my son’s father is deceased.

Asked on June 25, 2012 under Bankruptcy Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

Even though a creditor is garnishing wages, they can get a writ of execution which allows them to attach property, including bank accounts.  There are exclusions on levys of vehicles in California--meaning that if your car is levied because of the judgment and sold, the party levying your vehicle must leave you with a certain amount of equity so that you can get other transportation.  I believe this exempt amount is somewhere around $3,000. 

So, yes they can levy the bank account if they get a writ of execution.  Yes,, they seize a vehicle depending on the vehicle value.  I would not purchase a new car and would not keep all my money in the bank.


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