Posted on June 15, 2009 at 6:11 am I've heard somebody ask that question and it made me think of my own situation--I am deep in debt and I am behind on some of my payments, although I haven't received any calls yet regarding collections, I have a feeling that I will soon ... can a bank garnish my wages?

Posted on June 15, 2009 at 6:23 am Did you mean "Can a bank levy your account?" or "Can your wages be garnished?"

Posted on June 15, 2009 at 6:30 am I think I know where citizenoftheplanet is taking this...and r.mcadams, a bank levy and wage garnishment are both results of what is called a judgment. Both of which must go through the court first and it means that before any of those happens, you are going to be informed beforehand, so you can answer for yourself--nobody can touch your properties without your permission..

Posted on June 15, 2009 at 6:38 am Did you mean garnishment of bank account r.mcadams?Bank accounts can be garnished when your creditors/debt collectors have obtained a judgment against you (usually by default). It means that your bank activities will be frozen until the debt is satisfied. There are instances that you may not know that you have a judgment against you because the collectors informed the bank first before you got your notice (because had you known first, you would've withdrawn all your funds) but don't worry your State law governs how the bank must handle the garnishment process on your account and you will receive your notice (with your rights in it) usually 2-3 days after your account has been frozen.

Posted on June 15, 2009 at 6:43 am So a garnishment of bank account is also bank levy..and it is possible that I would just be surprised that my account has been frozen..How about with wage garnishment? Would I just also suddenly see my paycheck and find out that a certain amount is being deducted from it without me knowing?

Posted on June 15, 2009 at 6:53 am With regards to wage garnishment, Federal law has placed a limit on the maximum amount that can be garnished from your income and it is up to 25 percent of your disposable earnings in a week, or the amount which is thirty times more than the Federal minimum hourly wage(depending on which amount is the lesser). Your disposable income usually is 85% of your salary, after the deductions which is about 15% of your salary.Before any deductions take place, your employer would receive a court notice telling him/her how to administer the deductions. It is in the order of federal tax garnishments first, then the local tax garnishments, and finally, garnishments for the credit card.

Posted on June 15, 2009 at 7:00 am In a bank levy or a bank account garnishment or seizure, it is possible to protect or protest your exempt funds from being frozen so they may again be available for your use. You may be able to protect some of the money from being frozen if you can prove that the funds in the account are from entirely exempt sources.

Posted on June 25, 2009 at 7:03 pm My question is in all respects specific to exempt funds SSDI deposited into a joint account under my and my minor (17 yr old student) daughters name - SSDI - mine and hers as her "payee". A $370.00 collection that I was bullheadedly refusing to pay on principle - then in order to attempt to begin making ammends prior to my death - I called and attempted to make arrangements with the COLLECTION AGENCY and arrange a payment plan that could be afforded. After basic nessecities and medical co-pays we have aproximately 75-125 left each month. While the conversation began corially - after obtaining my routing and account number the conversation took an immediate turn to ugly. They'd have none of my attempt to negotiate a lesser settlement or a payment plan and demanded the entire sum on their desk in 7 days or "Would strongly recommend further collection proceedings". 1: Can they freeze these SSDI Direct Deposits  in my home state of Oregon with the snap of fingers? 2: Is there any way they can do this in under 10 days time? 3: Is there not some type of process where I can ask for mediation, arbitration, whatever - PRIOR to becoming unable to pay the rent and purchase groceries? 4: If I inform my bank of the matter at the opening of business tomorrow that the threat exists and having a personal relationship with them - they KNOW that the only income is SSDI - can this be halted in it's tracks? 5: Am I having a nervous breakdown here over absolute nonsense? (a portion of my medical issue is that of Agorophobia and a fear of people, permenant disability, wheelchair, oxygen - the situation is not good) The latest information I can find on line is rather ambiguous on the actual "CAN THEY or CAN'T THEY" on this matter. Thank you to anyone who might be able to afford me any peace of mind this evening.

Posted on June 25, 2009 at 9:01 pm Hello there, correct me if I'm wrong, your question is: can the collection agencies garnish your wages (in this case SSDI)...in 10 days?As mentioned before, the collection agency has to inform you that they are going to take legal action against you first, in a letter, and then you'd have to respond. Have you been through that kind of correspondence? You also said that you have attempted to negotiate and you did not agree on anything. After that, I think the collection agency should inform you what action they are going to take against you, they said in 10 days...(what exactly are they planning on doing to you?) it does sound like a threat. Under the FDCPA, it is a violation.Will the bank let the collection agency collect from your SSDI? Not without an order from the court (judgment)...Can somebody verify this?

Posted on June 25, 2009 at 9:28 pm im not sure if an SSDI is exempted from collections...and in Oregon's wage garnishment exemption law is 75% of your disposable earnings or 40 times the federal minimum hourly wage.