The only way anyone can garnish your bank account is AFTER he/she has a judgment against you.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 27 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
The only was this should have happened was because the Judge sighed a Court Order allowing this to happen. The general rule is that no one can seize any of your property without you at least having an opportunity to hear and respond to the claim. In many types of business cases for example, the law can allow one party to seize money in a bank account in advance of a final judgment, so long as the collecting attorney can advance proper reasoning for doing so.
There should be paperwork in the court file concerning this. Get a copy from the court and take it to an attorney experienced in Oregon domestic relations law. You should then be able to find out what happened and why.
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