Bank Garnishment Defense Lawyer in Houston, TX
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Bank garnishment Defense lawyer in Houston, TX
You think of your bank as a safe place. When you put money into your account, it will be there when you need it. While that’s usually the case, a creditor can garnish your bank account after obtaining a judgment. Once the bank receives the writ of garnishment, it freezes the funds, conducts a review, and then disperses the money to the creditor. A bank garnishment DEFENSE lawyer in Houston, TX, can evaluate your case, looking for mistakes that led to the judgment. The Ciment Law Firm has already returned tens of thousands of dollars to clients after a bank garnishment and can help you contest the judgment.
Reasons for Bank Garnishments in Houston, TX
Creditors can use a writ of judgment to collect various types of debt. This judgment is typically used to collect the unsecured debt, including;
Process for Bank Garnishments in Houston, TX
When the court issues a writ of garnishment, it names the bank as the defendant. The bank receives the lawsuit papers related to the garnishment. The papers included the amount that the creditor is allowed to garnish. The bank must immediately freeze the garnishment amount. You can withdraw any remaining funds.
You might not realize that the court issued a judgment until the bank freezes your account. It’s wise to contact a bank garnishment DEFENSE lawyer in Houston, TX, at the first sign of a garnishment. The attorney will protect your legal rights and work to reverse the judgment.
What Funds Can’t the Creditor Seize?
Some funds are protected from garnishment. Insurance proceeds, retirement funds, and unemployment wages cannot be garnished. The creditor also must leave you with two months of social security income. While these laws are in place, mistakes occur, allowing creditors to take protected funds. Hiring a Houston bank garnishment DEFENSE lawyer is the first step in protecting your legal rights and funds.
Avoiding Bank Garnishments
Bank garnishments are stressful and best avoided. The Ciment Law Firm provides several options that can help you avoid bank garnishments. You can sign up for the Debt Management or Debt Assistance Program. Then, a bank garnishment attorney in Houston will negotiate with your creditors to reduce your payments. This will also stop collection calls. You can also file for bankruptcy if you need a fresh start. If you want to avoid a bank garnishment, begin by containing a lawyer.
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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.