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

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

Lexington, KY -

Attorney Answers (2)

Renee Mayerson Cannella

Renee Mayerson Cannella

Debt Collection Attorney - Stamford, CT
Answered

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... more
Young Walgenkim

Young Walgenkim

Lemon Law Attorney - Salem, OR
Answered

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... more

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