Bank Garnishment Defense Lawyer in El Paso, TX
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Bank garnishment Defense lawyer in El Paso, TX
Dealing with debt is hard enough when you’re able to make the minimum monthly payments. It gets even worse when you cannot make your payments, and the debt goes into collection. When that happens, the creditor can take legal action against you to collect the debt. That can include a bank garnishment. This allows creditors to seize the funds in your bank account to settle your debt. Far too many people think they are out of legal options once a bank garnishment is ordered, but that’s not true. The Ciment Law Firm has reversed countless garnishments, returning tens of thousands of dollars to clients. Explore your legal options by contacting an El Paso, TX, bank garnishment DEFENSE lawyer today.
Most Common Reasons for El Paso Bank Garnishments
Bank account garnishments are generally used to recover unsecured debts. These debts can come from:
Private creditors and student loan companies must obtain a writ of garnishment before garnishing a bank account. However, the federal government can garnish bank accounts without going to court.
What Happens When a Bank Receives a Writ of Garnishment?
If a creditor tries to garnish your bank account, it won’t file suit against you. Instead, it will file a lawsuit against your bank. Your bank will have to answer the lawsuit, so you might not even realize it’s been filed until you cannot access the funds in your account.
Upon receiving the writ of garnishment, your bank must freeze enough funds to cover the judgment. An El Paso bank garnishment DEFENSE lawyer can then work to reverse the garnishment on your behalf. If successful, you can access the funds once again.
Legal Arguments Against Bank Garnishments
A bank garnishment DEFENSE lawyer in El Paso, Texas, will evaluate your case and create a strategy to overturn the court order. Creditors often file insufficient or inaccurate paperwork to obtain a writ of garnishment. When this happens, your attorney can overturn it. Your attorney can also ensure that funds that aren’t eligible for garnishment aren’t seized and protect the money in joint or company bank accounts. These are just some of the legal options you can explore when you hire an El Paso bank garnishment attorney.
Can El Paso Residents Avoid Bank Garnishments?
If you are worried that a creditor is close to garnishing your bank account, you have some legal options. You can hire a bank garnishment DEFENSE lawyer in El Paso to represent you in court. You can also file for bankruptcy protection or resolve your debt with the Debt Assistance or Debt Protection Program at the Ciment Law Firm. Since each option is unique, it’s wise to seek legal counsel before making a decision.
Contact Our Bank Garnishment Protection Lawyer in El Paso, TX
It’s hard to take care of yourself and your family if you can’t access the money in your bank account. Find out if you can reverse the court order by speaking to a bank garnishment DEFENSE lawyer at the Ciment Law Firm. Call 833-779-9993 to learn your legal options.
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Why Choose The Ciment Law Firm, PLLC?
- Free Consultation – Find out which debt resolution option is best for you during a free consultation.
- Positively Reviewed – Our firm has numerous positive reviews on Google, Avvo, and other websites.
- Options for All Needs – From bankruptcy protection to judgment lien releases and student loan assistance, our firm provides ample options to resolve your debts.
- Experience on Both Sides of the Field – Daniel Ciment started his career at a debt collection law firm and now protects those in debt. His experience on both sides allows him to find solutions for his clients.
- Compassionate and Transparent – Patient and knowledgeable, the team is available to answer all questions and explain the process so that clients can reach their desired outcome.
- Six Office Locations – Schedule your appointment at an office in Katy,
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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.