Did the bank wrongfully give up my money in a bank garnishment?

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Did the bank wrongfully give up my money in a bank garnishment?

My husband and I share a joint checking account and he has a separate savings account in his name only. When we were notified of the collections hitting our checking account I called the bank who told me my husbands money was exempt since it was from social security directly deposited and in a separate account. We recently found out they let collections have the money months ago and we were not notified because they had the wrong address and the notification was returned. They do have our address because other stuff comes from them including 2 notices of bank garnishment. Can we get it back?

Asked on October 17, 2011 under Bankruptcy Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a judgment against either you or your husband or both and the judgment creditor ends up levying upon your bank account, you were required to receive notice from the bank about the levy through the levying officer (the sheriff in most likelihood) about the levy so that you could file a claim of exemption and contest it.

Most likely it was the sheriff that failed to give you notice of what transpired. What you should do is contact the judgment creditor about the amount you owe and try and work out an agreement as to the amount owed and a monthly installment payment in writing signed by you and a representative for the judgment creditor.

Good luck.


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