What to do ifI was not notified of a summons of garnishment?

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What to do ifI was not notified of a summons of garnishment?

My bank was served with a summons of garnishment so they put a permanent hold on my account for the amount of $2000. I contacted my bank and they told me to call the creditor so that they can lift the hold. When I contacted the creditor they told me that there is nothing they can do to help me; that the hold will stand until they get all my money. What should I do? I’m trying to pay the debt but don’t have the whole amount.

Asked on December 18, 2010 under Bankruptcy Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

Ok, well, the creditor can indeed do something but they are choosing not to.  Did you have an agreement with them to pay and did you default on the agreement?  Then they had a right to levy against the account.  I would suggest that if you have direct deposit of your paycheck you stop it and do not open another bank account just yet.  You can try and re-negotiate the debt and enter in to another agreement.  Some states allow you to file for a stay of the garnishment and get the matter before a judge to set an amount that you can easily pay. Bankruptcy is also an option.  You should speak with someone in your area.  Good luck.


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