Falling into debt can create serious problems for debtors who are unable to make regular payments. If you find yourself falling behind on some of your own payments, your bank account could be subject to garnishment by creditors seeking to collect on a debt.
Since a garnished bank account can pose a serious problem when it comes to maintaining your financial stability, here are three things that you can do to deal with the garnishment of your bank account in the future.
1. Don't ignore the creditor's initial notice.
Before a creditor can be given authorization to garnish your bank account, the creditor must notify you of their intentions to seize money from your account. It's important that you don't ignore this initial notice if you want to avoid having funds removed from your bank account.
Contact the creditor when you receive the initial notice to see if you can work out a payment plan or settlement agreement that will put a stop to collection activities that could include the garnishment of your bank account.
2. Challenge the garnishment.
If you feel that a creditor is erroneously garnishing your bank account, you can challenge the garnishment in court in order to receive a refund. Successfully challenging a garnishment requires that you are able to provide proof of prior payment, proof that the judgment authorizing the garnishment contains inaccurate information (like the wrong amount), or proof that your income is exempt from garnishment (like Social Security or disability payments).
Contacting an attorney to help you challenge a bank account garnishment can be beneficial since navigating the legal process of challenging the garnishment in court can be difficult.
3. File for bankruptcy.
When you file for bankruptcy, creditors are required to cease all collection activities, including the garnishment of your bank accounts.
If you receive a notice letting you know that a creditor plans to garnish your bank account and you don't have the financial means to repay the creditor in order to stop the garnishment, working with an attorney to file for bankruptcy could help you protect your existing financial assets so that you can continue to pay for your living expenses.
Dealing with the garnishment of your bank account can be challenging, but it doesn't have to be an impossible task. Try contacting your creditor once you receive the initial notice to work out alternative payment arrangements, challenging the garnishment in court, or filing for bankruptcy to deal with a bank account garnishment in the future.
For more information on how to combat garnishments, contact businesses such as Jeffrey S. Arnold, Attorney at Law, P.C.Share