Bank Garnishment Defense Lawyer in Austin, TX
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Bank garnishment Defense lawyer in Austin, TX
Getting behind on bills is stressful enough when you’re merely fielding collections calls. The stress level amplifies when the court issues a writ of garnishment. This judgment allows the creditor to garnish the money in your checking and savings accounts. Far too many people assume that once a writ of garnishment is issued, nothing can be done.
Creditors count on inaction, so they can seize the funds, regardless if the garnishment is legal or not. Even if you think you owe them money, the creditor might have made mistakes that invalidate the writ. An Austin, TX, bank garnishment DEFENSE lawyer from the Ciment Law Firm can evaluate the judgment and help you protect your legal rights.
Common Reasons Creditors Garnish Bank Accounts
Both private creditors and the government can receive a writ of garnishment. The judgment is issued to collect various unpaid debt, including, but not limited to:
Austin, TX, Bank Garnishment Process
An Austin, TX, bank garnishment DEFENSE lawyer can help you navigate the legal process. The process begins when the court issues a writ of garnishment. The order includes the amount that the creditor is owed. Because the bank is the defendant in the case, the creditor presents the legal documents to the financial institution. The garnishment doesn’t occur immediately. Instead, the bank freezes your account and conducts a review to determine what can and can’t be seized. During the review, your bank garnishment attorney can work to overturn the writ.
Creditors can seize most but not all funds from bank accounts. Some are protected from seizure, even when the court issues a writ of garnishment. If your bank account contains unemployment wages, retirement funds, or proceeds from an insurance policy, you can still access that money. You can also access at least two months of social security income if applicable.
Ways to Avoid Garnishments
The Ciment Law Firm can help you avoid bank garnishments. If the process has already started, an Austin, TX, bank garnishment DEFENSE lawyer can represent you. The attorney will attempt to reverse the garnishment, so you can access the funds. If you are in debt but aren’t currently facing garnishment, you can avoid it in the future by letting the Ciment Law Firm help you resolve your debt. You can join the Debt Protection or Debt Assistance Program or file for bankruptcy. You can also hire the firm to represent you in court.
Contact Our bank garnishment DEFENSE lawyer in Austin, TX
Your creditors don’t want you to exercise your legal rights. Instead, they would prefer for you to accept the garnishment as it is, without any questions. They know if you consult with a bank garnishment DEFENSE lawyer in Austin, TX, there’s a good chance the court will reverse the order. Learn more about your legal options by calling the Ciment Law Firm at 866-284-9703.
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How Does a Bank Garnishment Work?
Once a creditor obtains a writ of garnishment, it presents the legal paperwork to the bank. The paperwork contains the amount of the judgment. This is the amount that the bank must freeze. If your account balance exceeds the judgment, you can withdraw the remaining amount. However, you cannot access any money in your account if the judgment is equal to or more than the amount of money you have in your account. The writ of garnishment applies to both checking and savings accounts, so creditors can collect from both accounts.
You can contest the garnishment while the account is frozen. If the garnishment stays in place, the creditor will receive the funds when the bank lifts the freeze. If you move to another financial institution, the creditor will forward the writ of garnishment, and the process will start again
What Funds Are Protected Against Bank Garnishments in Texas?
Most bank account funds can be legally garnished in Texas. There are some exceptions to the rule, though. Creditors typically cannot garnish retirement funds and insurance proceeds. If you’re on unemployment, those funds are protected against garnishment. Also, if you are on social security, you must have access to at least two months of the funds. Your bank should automatically protect those funds if they are direct deposited. However, if you do not use direct deposit, you might have to get legal help to prevent your social security income from being garnished.
How To Avoid Bank Account Garnishment In Texas
If the creditor made any mistakes when filing for a bank garnishment, you could get it overturned. You also have other options to avoid bank account garnishments. The Ciment Law Firm can help you file for bankruptcy, so you can avoid garnishment. You can also make payment arrangements with your creditors. The Ciment Law Firm’s debt Protection program can help you reach a manageable payment plan so that you can continue to have access to your bank account. Remember, your bank will freeze your account before your income is garnished. You have time to take action and prevent the garnishment when your account is frozen.
Are You Notified For A Bank Account Garnishment?
In a bank account garnishment, the bank is the defendant. Because of that, you don’t have to be notified about the lawsuit until after the bank has been served and your accounts frozen. Some creditors inform people before the garnishment, but many do not. In fact, many people don’t realize their bank accounts are being garnished until they try to withdraw money that isn’t there or receive an overdraft notice. People should take action quickly when they realize their bank accounts are being garnished, so they can attempt to stop the action.