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Someone told me you can take a garnishment to the customers bank and they will have to give you the funds if they are in ther...

Someone told me you can take a garnishment to the customers bank and they will have to give you the funds if they are in ther...

Q: How do I stop creditors from garnishing my bank account?

To stop creditors from garnishing your bank account, you can negotiate a payment plan or settlement with them. You may also file a claim of exemption if the funds in your account are protected under state law. Seeking legal advice is recommended to understand your rights and options effectively.

Full question:

Someone told me you can take a garnishment to the customers bank and they will have to give you the funds if they are in there. Is this true?

Category: Judgments
Date: 04/07/2025
State: Missouri

Answer:

The following is a MO statute:

Notice of garnishment, how served on corporations.

525.050. Notice of garnishment shall be served on a corporation, in writing, by delivering such notice, or a copy thereof, only to a person designated by the corporation in a registered letter filed with the sheriff or officer for collection in the corporation's county of primary business; provided, if such designated person is not available or if such designation is not filed with the sheriff or officer of collection, then such notice may be served upon the president, secretary, treasurer, cashier or other chief or managing officer of such corporation. Notice of garnishment may be served on railroad corporations by delivering the same, or a copy thereof, to any station or freight agent of such corporation, and on insurance companies not incorporated by or organized under the laws of this state, by delivering the same, or a copy thereof, to the director of the department of insurance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What makes a garnishment invalid?

A garnishment can be deemed invalid if proper legal procedures are not followed. This includes failing to serve the notice of garnishment correctly, not providing the required documentation, or if the debt is disputed. Additionally, if the debtor has exemptions under state law, such as certain income types or amounts, these can render a garnishment invalid. Always consult a legal professional for specific situations.

Is there a bank account that can't be garnished?

Yes, certain bank accounts may be exempt from garnishment. For example, accounts containing Social Security benefits, unemployment benefits, or retirement funds may be protected under state law. In Missouri, specific exemptions apply, so it's important to check the local laws or consult an attorney to understand what protections are available.

What states prohibit bank account garnishments?

Some states have laws that limit or prohibit bank account garnishments. For instance, states like Florida and Texas have strong protections against garnishment for certain types of income. However, laws vary widely, and it's crucial to review the specific regulations in your state or consult a legal expert for accurate guidance.

How do I protect my bank account from a lawsuit?

To protect your bank account from a lawsuit, consider setting up exemptions based on state law, such as using accounts that hold protected funds. Additionally, maintaining a low balance can minimize exposure. Consulting with a legal professional can provide tailored strategies for your situation and help you understand your rights.

How can I protect my bank account from garnishment?

To protect your bank account from garnishment, you can open accounts that are exempt from garnishment, such as those holding certain government benefits. Additionally, you might consider filing for bankruptcy, which can provide protection from creditors. It's advisable to consult with a legal expert to explore all available options based on your circumstances.