Wht to do if my bank account was garnished without notice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.