What can we do to stop our bank account from bring garnished?

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What can we do to stop our bank account from bring garnished?

We are in serious debt and we have no credit cards. The U.S. Department of Education keeps taking money from our checking account, even though we do not have the funds to cover it. We have asked our bank to stop allowing the payments and they have refused. We cannot pay our household bills and the fees and fines that our bank is leveling is making things worse.

Asked on October 14, 2011 under Bankruptcy Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you have a judgment or judgments against you that you cannot pay and creditors are making your life difficult, perhaps the best thing for you to do at this point is to consult with a bankruptcy attorney as to whether or not a bankruptcy filing is an option to clean your debts and start anew.

As to you bank allowing payments under from the United States Department of Education presumably through a bank levy on a judgment against you that you do not want to continue, the best way to stop it is to open up another bank account with a completely different bank. By doing so, any levy as to your assets for a presumed judgment will have to be started anew by the judgment creditor.

Good luck.


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