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Bank garnishment Defense lawyer in Texas
You can’t help but feel a bit more relaxed when your paycheck is deposited in the bank. Once it clears, you know you can pay your bills and buy the essentials your household needs. That’s why going through a bank garnishment is so terrifying. Suddenly, you cannot access the money that you need to survive. It’s important to understand that you can contest a bank garnishment, even if you think you owe the money. First, hire a bank garnishment DEFENSE lawyer in Texas. Once you have a lawyer by your side, you can begin to mount a defense to contest the judgment and regain access to the money in your account.
The Process for Garnishing Bank Accounts in Texas
If a creditor wants to obtain a writ of garnishment against you, it will begin by filing a lawsuit against your bank. You might not be notified of the suit until after your accounts have been frozen. The process is as follows:
Creditors hope that consumers do not exercise their legal rights. They want consumers to accept the writ of garnishment, even if there are errors. A bank garnishment DEFENSE lawyer in Texas, can contest the judgment and attempt to get a reversal. This is often successful. In fact, the Ciment Law Firm has reversed tens of thousands of dollars of garnishments.
Contesting a Bank Garnishment in Texas
Your Texas, bank garnishment DEFENSE lawyer will pour over the details of your case, analyzing each document to find errors. If the creditor made any mistakes when filing for a writ of garnishment, your lawyer could take steps to get the order reversed. You also might be eligible for a reversal based on the statute of limitations. Your legal options also include protecting money in a joint or business bank account. This is not an exhaustive list of legal strategies your bank garnishment attorney can use.
Funds Not Eligible for Bank Garnishments
When your account is frozen, the bank and your bank garnishment DEFENSE lawyer in Texas, will review your deposits to see what is and isn’t protected. Creditors cannot receive funds from unemployment, retirement, or insurance policy proceeds. You also must retain access to at least two months of social security payments, if applicable.
How to Resolve Debt Without a Bank Garnishment
Bank garnishment is often one of the last courses of action creditors take to resolve the debt. The Ciment Law Firm in Texas, specializes in other ways to resolve the debt. You might be eligible for the debt reduction or debt assistance program at the Ciment Law Firm. Bankruptcy protection can also help you overcome your debt while still having enough money to take care of your household.
Contact Our bank garnishment DEFENSE lawyer in Texas, Today
Bank garnishments are very serious. If you fail to contest the order, you might go months without access to your account. Protect your legal rights with the help of a Texas, bank garnishment DEFENSE lawyer. Schedule a consultation by calling 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.