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How do i get my money back from a company that garnished my checking account even though the funds that were in it were exempt?

Portland, OR |
Filed under: Wage garnishment

My girlfriend has a garnishment order against her . She also has a judgment saying she is exempt from garnishment because of her lack of income . We have a joint bank account which she has no money in . I have all of my federal student aid in the account . . . which from my research is federally exempt from garnishment . I can prove that all of the money in the account came from me and neither one of us make more than the legal minimum for garnishment . According to my research she would have to make more than 218 a week to be garnished , and she barely makes that in 2 weeks . What paperwork do i need to fill out to get the money back ?

Attorney Answers 3


  1. You need to have your own, separate bank account, not joint! Go open up a new account and do not put her name on it to prevent this from happening again. I don't know if there is anyway to get the money back as the garnishment was against her and the account they went after had her name on it (unfortunately, yours also) which they were entitled to do.
    Best of luck.

    This answer is for informational purposes only and may not be relied upon as legal advice.


  2. You should file a Challenge to Garnishment with the court. If your girlfriend received a copy of the writ of garnishment then the challenge form is in there; otherwise you can get a copy from the courthouse.

    From what you say it seems you have two things to challenge:
    1. The money does not belong to your girlfriend. Any documents you can show the judge to show this will help. The fact that your girlfriend's name is on the account is a bad fact for you.
    2. The money is from student loans. These are exempt. You should have documents to show judge that the source of the money is federal student assistance.

    You can hire an attorney to represent you at the challenge hearing, though this is something you could do on your own.

    Best of luck,
    Tim L Eblen
    www.eblenfreed.com


  3. You should consult with an experienced consumer debt defense attorney that is licensed in Washington State. I suggest that you look for one at www.naca.net.

    Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.

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