garnishment order

Ask a Lawyer

Question

Country: United States of America
State: New York

I made payment arrangements with a creditor in April 2005 and I have paid them via Money Order every month. Today I received an Information Subpoena with Restraining Notice to Garnishee that has been mailed to every bank in my area. I have a business checking account because I am in a business partnership with my husband in addition to my fulltime job. My paycheck from my fulltime job is a direct deposit to my business account. Can they hold funds on our business account to compensate for this debt?

Answer

Yes--you should not keep funds in any account; it would appear you did not show in court or you lost in court--you may try to get it removed if you never had proper notice of the court proceeding...
References in periodicals archive ?
The Napocor earlier claimed the hasty implementation of the trial court of the garnishment order would trigger not only possible bankruptcy of the agency but also of the national government as a whole.
Wage garnishment can have a profound effect on the employee who is being garnished, as well as the employer who must implement and comply with the garnishment order and applicable regulations," said Julie Farraj, division vice president and general manager of Wage Garnishments and Unemployment/Employment Verification Services for ADP Added Value Services.
Aside from the tax lien, the BIR also issued a warrant of distraint and levy and garnishment order against the senator's assets to cover his tax liability.
However, it failed to consistently conduct a sufficient inquiry to determine if the underlying event triggering each garnishment order involved an event that should have been reported on the affected individual's Form U4.
The world's eight-division boxing champion Manny Pacquiao and his wife Jinkee asked the Supreme Court (SC) to stop the Bureau of Internal Revenue (BIR) from implementing the warrant of distraint and levy, and garnishment order against their assets for their alleged P3-billion tax liability.
I would hate to see them obtain employment, only for the new employer to receive a garnishment order,'' she said.
In Alaska, Minnesota, New York, Nevada, and Oregon, the creditor's lawyer need only sign a garnishment order and mail it to the bank.
Well, we had been waiting for this moment and once the ticket office closed after the theatre sold out, we presented the garnishment order and seized $30K in box office receipts/cash.
When he called Social Security, he was informed they had received a garnishment order from the Department of Veterans Affairs (VA).
The garnishment order affected the entire Comprehensive Funding Arrangement's ("CFA") monthly allocation to God's Lake First Nation, leaving the community with no funds to manage the reserve and maintain services to its members.
Based on some of your comments and your reference to the employee as a "deadbeat dad," it sounds as if you might also need to be reminded that it is illegal employment discrimination to treat an employee differently because his wages are being garnished, regardless of the reason behind the garnishment order.