Legal Question in Credit and Debt Law in Maryland

Can your bank account be garnished by court order if you are been garnished by c

What action can I take if the garnished precentage is been taken. If so how do I file a motion to remove it. I have four garnishment in judgement and two are been honored and two are in waiting. The Debtee have file to hold my bank account. Now it have cause me to bounce checks which include my mortgage to include no other bills within my home can be paid with two children. I have two accounts, one my wife uses, however my name is on the account. The primary I uses which both have been placed on hold. Your response and/or service will be greatly appreciated if necessary. Respectfully Yours,


Asked on 8/05/03, 7:38 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Can your bank account be garnished by court order if you are been garnished

Garnishment is an absolutely legal practice to collect a debt. The creditor obtains a judgment, which the debtor has an opportunity to re-pay or agree to terms, and then the creditor can get a garnishment order.

There may still be some action that can be taken on your part such as a negotiation of the debt and settlement. However, you may have compromised your position by not taking action and allowing the matter to fester to the point of garnishment.

There are limits on the percentage that can be withheld through garnishment and this provides some leverage. If you are trying to avoid the debt entirely then bankruptcy MAY be an option. Your bounced checks and other coincidental costs are unfortunate but little can be done where the debt and garnishment order is proper.

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Answered on 8/06/03, 8:59 am


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