Legal Question in Credit and Debt Law in Arizona

debt

My dad's savings account is being garnished. The account is all his social security thats been direct deposited since 1993. However in July of this year he deposited his stimulus check. Can the bank now claim retroactively that the account is comingled and subject to garnishment? Money has been taken out before without my dad being notified by the bank or the creditor. In fact never received anything from the creditor or from the court regarding this matter. I've called the court seeking to verify the court case # given by bank. They ran a check on it and they have no record of it anywhere in their system. They also checked his name in system and still nothing. How should we proceed or what recourse do we have?


Asked on 9/04/08, 3:48 pm

1 Answer from Attorneys
Brian Blum Blum Law Office, PLC

Re: debt

It's not up to the bank to decide this. It's up to a court. I can't answer your question without seeing the documents you have.

But, the standard procedure, is that when a bank receives the Writ of Garnishment, you are supposed to receive notice and should be given the opportunity to object.

See an attorney.

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Answered on 9/04/08, 4:07 pm


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