Wht to do if my bank account was garnished without notice?

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Wht to do if my bank account was garnished without notice?

The attorney’s office that was handling my HOA past due account garnished my bank account – completely cleaned it out. I had no idea this was coming and was under the impression I was supposed to be served some sort of warning or court document and a chance to fight it or make a payment. Can they just go in and clear out my account without even warning me? Isn’t there some sort of due process for this? Wasn’t I suppossed to have received a summons?

Asked on June 14, 2012 under Bankruptcy Law, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Typically a judgment debtor's bank account is levied upon without notice by the county sheriff, civil division. Once this is done and the money grabbed, the judgment debtor is then given notice of what happened where he or she can file a claim of exemption with the court in a certain time period. If not filed, then the sheriff delivers the money levied upon to the judgment creditor.


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