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

Asked over 1 year ago - Anoka, MN

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

Attorney answers (5)

  1. Paul H. Weig

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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

  2. Michael J Corbin

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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.... more
  3. Tricia Dwyer

    Contributor Level 19

    Answered . 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... more
  4. Jeremy Judson Cobb

    Contributor Level 14

    Answered . 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.

  5. Jeffrey Scott Hyslip

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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... more

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