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Does a company have a right to garnish money from a checking account without prior notice?

Lexington, KY |

We found out today that our checking account has been garnished. There was 1300 dollars in there and $600 of that was child support money. Do they have a right to do this without notifying us and do they have a right to take child support money? Thanks

Attorney Answers 2


  1. in most jurisdictions the only way to obtain a garnishment is after first having a judgement. once there is a judgement they do not give notice that they are going to execute against a bank account. there are exemptions available in every jurisdiction. you should contact a local attorney or the court clerk to find out how you can claim the exemption.

    Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.


  2. Generally, they need to have a judgment against you before they can start garnishing your bank account. Even with a judgment, they need to send you a notice of garnishment and allow you a chance to challenge the garnishment. I would go to the court and find out if you can still challenge the garnishment.
    Also, it's a good idea to contact a consumer attorney in your area for help. You can find a list of consumer attorneys on the NACA website:
    http://naca.net/find-attorney

    This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known. Hanson & Walgenkim, LLC. | 838 Commercial St NE, | Salem, Oregon, 97301 www.hansonwalgenkimcom | young@hansonwalgenkim.com | (503) 383-1496 |

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