Can a lawyer garnish a bank account?

I was sued over a house scam I got involved in, and i was ordered to pay $1100.00. The other party received the judgment for that amount.

Since then I lost my job and the only income I have is unemployment and my sons social security. The lawyers for the other party have sent a subpoena to my bank requiring them to send them information on my accounts.

My checking account gets my unemployment direct deposited into it and the savings account is my sons but I am the representative. Can they garnish either of those accounts. How can I show them that the accounts are uncollectible if they can not be garnished? I live in Ohio if that has any bearing on the situation.

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Jan 06, 2010
Post judgment garnishment
by: Gerri

Now that there is a court judgment against you, the creditor probably has additional ways to collect that may not have been available before that. In many states, they may be able to go after your bank accounts, garnish wages, and/or place liens against your property.

However, most states do place limits the amount and type of income that creditors can go after. Every state also exempts certain property from creditors. Unfortunately, I am not an attorney and don't know the details of the debt collection laws in Ohio. However, there are a couple of resources you can consult.

One would be to call a bankruptcy attorney who can tell you want your rights. While this debt would be too small to warrant filing for bankruptcy, the attorney can tell you what creditors can and cannot do to collect a judgment against you, as well as explain your options. The first consultation should be free, but be sure to ask.

You can also talk with your state bar association and ask them if they can refer you to any free legal resources in your area.

Another option is to call the court where the judgment was filed and ask them what you have to do to request a hearing with the court to keep the creditor from going after your bank accounts. You basically want to request a hearing with the court to demonstrate that paying this debt now would be a hardship for you. It certainly sounds like that would be the case in your situation.

Please act quickly as I would hate to see you discover the money has already been taken from your bank account.

Again, this is meant to be educational advice, not legal advice.

Hang in there, and let us know what happens OK?

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