When a creditor garnishes your bank account, it can create a financial nightmare. Your checks will bounce and you can no longer pay your bills. If you are in this situation, one way out is to file bankruptcy.
I am Birmingham, Alabama bankruptcy attorney Brent W. Davis. I dedicate my entire practice to helping people seek debt relief through Chapter 7 and Chapter 13 filings. With more than 20 years of experience practicing exclusively in the area of bankruptcy law, I am in a strong position to help you stop a bank account garnishment.
What Happens When a Bank Account Is Garnished?
If a credit card company or other creditor makes a claim against you, it can obtain a judgment to garnish your bank account and your wages. When your bank account is garnished, the money is turned over to the sheriff who will disburse it to your creditor.
Can I Stop a Garnishment?
When you file bankruptcy, you are protected by an injunction known as the “automatic stay.” Basically, this means that creditors cannot take any actions to collect on any debts you owe. This bars the creditor from garnishing your bank account or wages.
You may also be able to challenge the garnishment on legal grounds. For example, if all of the money in your account is from Social Security, it cannot be taken by creditors.
Can I Get My Money Back?
You can get the money back by filing bankruptcy as long as the sheriff has not yet given the money to your creditor. However, you have to act quickly. It usually takes 20 days for the sheriff to give the money to your creditor, but it can be less.
Schedule a Free Initial Consultation With a Birmingham Bankruptcy Attorney
To stop a garnishment, call me, Birmingham bankruptcy lawyer Brent W. Davis. You can reach me by phone at (205) 989-1919 or via e-mail. My regular business hours are 7:30 a.m. to 6 p.m., Monday through Friday, and free parking is available.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.