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What kind of lawyer do I call to seek advice about what to do about my checking account at the bank which has a levy/garnishment

Anoka, MN |

This happened May 2nd....I have a 1-800 number to call the collector, but don't know what to say. I

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Attorney answers 5

Posted

Hello. You would want to phone a debt collection or debtor-creditor attorney for help. If finances are an issue, some attorneys, myself included, will provide a reduced fee for need. You need to act with no delay whatsoever as you face strict time deadlines for challenging the matter - do view this as an emergency matter to address right away. In my opinion, it is entirely imprudent and unwise for you to telephone the debt collector. All the best.

Tricia Dwyer, Esq., Debtor-Creditor Law, Debt Collection Law, Civil Law, 14 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 every day of the year until 8 p.m. daily. See www.dwyerlawfirm.net

Posted

You would want to look for a consumer's rights attorney. Many attorneys serving consumers will offer a free telephone consultation to evaluate whether you need a lawyer and whether a lawyer could help you in a cost effective manner. We would also evaluate whether the debt collector has acted within the law. there are federal laws which prohibit abusive, harrassing and misleading actions by debt collectors.
Typically the debt collection attorney will not release your money unless legally required to. Even if your money is not exempt from the garnishment, you need to deal with the debt, or the collector will keep doing this. It is far more costly to let them take money than to set up a settlement or payment plan that you can live with. Unfortunately, many debt collectors will not give consumers the same deal that they might give a consumer with an attorney. If you call the collection law firm you may be speaking with a debt collector who is paid a commission, if your lawyer calls, they will talk with a lawyer.
Paul Weig
Weig Law Firm, LLC
(612) 501-4841
paulweig@email.com

Posted

I would find one of us attorneys that offer free consultations. Many bankruptcy attorneys would also be more than willing to speak with you over the phone about this, even if you aren't considering filing bankruptcy. Good Luck!

I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not answering your question to solicit you as a client and there is a good chance that I am not licensed to practice law in the state that you reside. I hope that you find my assistance beneficial and, at most, use my advise as a finger pointing in the right direction. An attorney client relationship is not established by posting back and forth online. One of the most beneficial aspects of working with an attorney is the attorney client privilege which does not exist when you post personal facts online to faceless strangers. Hire an attorney if you want specific legal advise. If you cannot afford one, call your local bar association or search "(your city) legal aid" online. The fact that you took the time to post your question online likely means that you could use the aid of an attorney. Call around your area and see if any local attorneys offer free consultations.

Posted

I'd say you need to back up a minute. If your bank seized the funds in your account, it was because they received a levy notice from the creditor's attorney based upon the entry of a judgment against you. That means that a court has already ruled against you and entered a judgment in favor of the creditor, and the creditor is now trying to collect. Frankly, unless the funds in your account are exempt for some reason (social security and pension being about the only things that are exempt), the levy will be honored, and there isn't much an attorney can do to stop it from happening. You can hop to a new bank and open a new account there, but this will keep happening over and over until the judgment is paid. You're best bet is to contact the creditor and see if they are willing to enter into some kind of payment plan - there is no guarantee they will do so, but that's you're only play right now.

We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.

Paul H. Weig

Paul H. Weig

Posted

The statement that Social Security and pension funds are about the only things exempt is highly inaccurate. 100% of the earnings a person who received any government assistance in the past 6 months are exempt. 75% of a person's earnings are exempt even after they are deposited in the bank, although they lose their exemption after being in the bank for 20 days. There are many more reasons money might be exempt. Furthermore, while timeliness is important, there is no time limit on when you must make an exemption claim to recover funds. A court would have to find that you waited so long that it is no longer fair to require the collector to return the funds. The question does not say that the judgment is against the asker. If it is not, the creditor has no claim to the funds at all, and no notice from the creditor or bank how to go about recovering the funds. The use of the term levy seems to indicate that there is a judgment, but Minnesota still allows prejudgment garnishments. Advising an uninformed consumer to call a collection law office is like advising a hen to walk into the foxes' den. The person posting the question clearly needs more information before they call the debt collector. The debt collector will extract as much information as they can, and then turn around and use that against the consumer. They have training on how to get the place of employment and other asset information out callers. They tell callers that they can't even consider the payment plan offer unless they disclose all of this. And most of all, the general public calling in usually gets a debt collector who is paid a commission or bonus for collecting so much money. Putting an attorney between you and a debt collector is the best defense to the unreasonable demands these firms make.

Posted

At this point, it may be time to consult with a bankruptcy attorney. The Bankruptcy Code provides for a 90-day lookback period for turnover of prepetition garnishments to the debtor in most cases. Consult counsel forthwith.

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