Bank Garnishment Defense Lawyer In San Antonio, TX
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Bank Garnishment Defense Lawyer in San Antonio, TX
Creditors have various legal options for collecting unpaid debts, including bank garnishments. If the court grants a writ of garnishment, your bank has to freeze the funds needed to pay the judgment. If the garnishment isn’t overturned, the bank will release the money to the creditor. If you can’t access your bank account because of a writ of garnishment, you probably think it’s too late to do anything. The creditor will seize the money, and you will have to find a way to make ends meet in the meantime. However, a bank garnishment lawyer in San Antonio, TX, can help you contest the judgment.
Steps Taken During a Bank Garnishment in San Antonio
Creditors and banks must follow a series of steps during the bank garnishment process. The steps include:
A San Antonio bank garnishment lawyer can help you during each step of this process.
Options for Contesting Bank Garnishments
Bank garnishment lawyers in San Antonio, TX, can use different legal strategies to contest the court order. Bank garnishment paperwork is often sloppy, full of errors, and missing important information, leading to reversals. If the statute of limitations to collect the debt has expired, you can also get the garnishment reversed. Your attorney can also help if you have a writ of garnishment against a joint or business bank account. Consult with an attorney to find out which legal option is best for your case.
Eligible and Protected Funds
Courts typically issue bank garnishments, so creditors can collect on unsecured debt. While courts can also issue a writ of garnishment for secured debt, it isn’t as common. Creditors can collect money from most sources during a bank garnishment. However, some income sources are protected from seizure, including retirement accounts, unemployment benefits, and insurance proceeds. There are also rules in place regarding social security funds. Creditors must leave you with access to a minimum of two months of these funds.
Preventing Bank Garnishments
If you are behind on your bills and have a judgment against you already, your creditors might be considering bank garnishment. The Ciment Law Firm has debt resolution options you can use to avoid garnishment. The Debt Protection and Debt Assistance Programs are both popular with people who want to avoid bank garnishments. The law firm will negotiate with your creditors and create an affordable monthly repayment plan for you. Bankruptcy protection is also a viable option. With the law firm’s help, you can resolve your debt and avoid a bank garnishment.
Contact Our Bank Garnishment Lawyer in San Antonio, TX
It’s normal to feel frightened and shocked if you’re in the middle of a bank garnishment. You feel out of control and out of options. Fortunately, you can get your control back with help from a bank garnishment lawyer in San Antonio, TX. Call the Ciment Law Firm at 833-779-9993 to discuss your options.
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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.