Legal Question in Credit and Debt Law in Iowa
Capital One filed a judgement in court against my husband and he didn't go to court for it. We recived a letter from the attorney for capital one asking if we wanted to make reasonable payment's on the account and my husband called them and left a message that we could make $50/month payments and then he never heard back from them. So we sent them a check for $50 and now I went into our checking account and find out that all the money we had in the savings account ($833.00 to pay our Iowa Taxes with) is gone and so is the $100 we have in the checking. Can they take every bit of the money and leave us with nothing? We live in Iowa
1 Answer from Attorneys
The answer is yes, if they had a legal order of garnishment to present to the bank and the funds are not otherwise exempt from garnishment, i.e., disability, social security or pension income.