I recently was in a car accident where i was at fault and uninsured. The subrogation company will not accept what i can afford. I have not been submitted a judgement order for wages to be garnished or my bank account to be frozen. Is it possible they will go for a judgement order for garnishment if so when does it go into affect after im notified of the judgement order. In other words how long do i have to get my funds from the bank at the time of judgement order notice. Will i have to go to court or no ?
Family Law Attorney
So, basically, you're asking an attorney to give you advice on how to remove funds from your bank account so that you don't lose the money to pay a lawful judgment against you? Once the company gets a lawful judgment against you, all they have to do is send the garnishment or levy paperwork to your employer or bank. Upon receipt, the entity receiving the paperwork will immediately begin proceedings to hold the money they can. You typically aren't told ahead of time that this will happen - the creditor can do it whenever they choose to do so. Hiring an attorney won't stop this from happening - you owe the money. The only thing that would stop collection efforts would be a bankruptcy filing, but car accidents like yours could be found to be a non-dischargable debt since you were breaking the law (no insurance).
This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.
Chapter 7 Bankruptcy Attorney
You will not have time to get your funds out of the bank. If you do, you could be committing fraud, and your creditor will continue to look for you or your bank accounts.
If they garnish your wages, you will receive the writ and the deductions begin the next paycheck. With the writ, you will receive a form where if you believe you have an exemption (if you are the head of household, you are on a fixed income [social security]), then you may request a hearing for your exemption. Otherwise, you should not have to go to court.