Once a creditor has sued you and obtained a judgment, they are allowed to garnish your bank account in a process called writ of garnishment. While Texas does not allow wage garnishment, creditors are allowed to garnish your bank account. Bank garnishments are generally worse than wage garnishment because in a wage garnishment the creditor only gets a smaller percentage of your paycheck. In a bank garnishment the creditor can take every penny in your bank account leaving you with nothing. Judgment creditors can also petition the court to appoint a receiver who can then garnish your bank accounts as well.
Fortunately you have rights! The Ciment Law Firm has defended dozens of bank garnishments and has successfully returned tens of thousands of dollars back to its clients. The Ciment Law Firm scrutinizes every aspect of the judgment creditor’s writ of garnishment and the underlying judgment. We find the mistakes that allow us to get the writs of garnishment dissolved and dismissed and we usually do this in a week or two instead of months. This high level of scrutiny allows The Ciment Law Firm to turn the tables on the judgment creditor and often times leads to the discovery of violations of the Fair Debt Collection Practices Act (FDPCA LINK) which allow you to sue the judgment creditor and sometimes its attorneys.
Many people ask the question: What can be garnished? Well, certain funds are exempt from bank garnishment. Social Security benefits, Unemployment benefits, certain insurance proceeds from life, health and accidents are exempt. Additionally, money in retirement accounts such as a 401k, IRA or TRS accounts are exempt. If your name is on some else’s account and their money got frozen due to a writ of garnishment against you, the other person can make a claim for those funds as they are not soley yours.
If you are facing a bank garnishment either from a writ of garnishment or from a receiver, give The Ciment Law Firm a call immediately for a free consultation. You have rights! Let The Ciment Law Firm protect you and enforce your rights.
Below is a recent example of a bank garnishment that The Ciment Law Firm handled that was started by a receiver. The Ciment Law Firm was able to get its client’s $6,500+ back, the judgment released and the creditor’s attorney paid us $3,000 to settle the FDCPA violations.