Legal Question in Credit and Debt Law in Missouri
can they do this
hello, i am writing for a friend of mine who does not have a computer or does not know how to use it. her husbands check is being garnished for a capital one credit card debt. they also took all the money out of his bank account. can they take the money in the bank as well as garnishing his wages? if not, what can he do about it? i would appreciate any help you could give us. thank you
1 Answer from Attorneys
Re: can they do this
There are not enough facts included in your question in order for an attorney to provide a very comlpete response. However, generally speaking, I can tell you that the creditor had to have obtained a Judgment against the debtor before any garnishment could be run. Normally, in cases where a judgment creditor knows where the judgment debtor banks, a bank account garnishment is run first since this is the quickest way to collect some money in most cases. Then, after that garnishment has run, the judgment creditor usually runs a wage garnishment in cases where the judgment debtor's employment is known. There is nothing illegal about this process. If there are other facts which are relevant to your question, please feel free to post them and ask whatever question you have at that point.