Houston, TX asked in Banking for Texas

Q: can someone garnish wages from a bank without notice??

My wife's Chase account had $24,000 garnished for something? 800 percent penalty???

no notice, no certified letter, nothing served not even mail was sent out.

Related Topics:
1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Business Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: The vast majority of garnishments are done After a judgment has been awarded, so the notice would have been (at least) notice of the suit by a process server, and notice of the judgment, usually by mail. After Judgment, the creditor is not required to tell you they're going to garnish your account before they do it; you'll get notice by being served a copy of the Application for Writ of Garnishment, but usually the bank is served first so that you don't empty the account.

I have no idea what you're talking about when you say "800 percent penalty," but a judgment (and the resulting garnishment) will have interest, court costs and attorneys fees added, which could be well in excess of the original amount that was due.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.