Thanks for the info. How does the IRS manage to garnish wages in Texas?
Thanks for the info. How does the IRS manage to garnish wages in Texas?
The IRS is a different situation. Just like with child support and other creditors. I should clarify that usually, earnings can’t be garnished in Texas, but there are exceptions. Thanks for giving me a chance to clarify!
@Rye
That makes sense! Appreciate the clarification!
If you have a few grand, getting a lawyer might be your best move. Look for someone specializing in bankruptcy since they understands these garnishments.
Also, if you have funds in other accounts at the same bank where you have a joint account with your dad, move them somewhere else quickly. All banks have a “right to offset” clause, meaning if you owe money on one account, they can take funds from another at the same bank to cover that.
If the bank really charged off the garnished account, they could take money from your existing accounts to balance things out. If you can’t afford a lawyer, contact the bank’s workout department. They can sometimes help resolve these issues. Tell them you’re willing to keep the $50 and pay a small fee if necessary, but you refuse to accept a situation where you’re overdrafted. Stay polite, but keep following up until they clear this up for you.
Don’t communicate with the plaintiff’s attorney. They’re there to recover money from you. Instead, get your own lawyer. Also, keep an eye on what the plaintiff’s attorney does. If they make a mistake, you might have grounds for a lawsuit.
@Scout
There’s no reason you can’t speak to the attorney. In Texas, they can’t garnish your funds if you prove they’re yours. You’ve lost $50—why hire an attorney?
Rye said:
@Scout
There’s no reason you can’t speak to the attorney. In Texas, they can’t garnish your funds if you prove they’re yours. You’ve lost $50—why hire an attorney?
While it’s not illegal to talk to the plaintiff’s lawyer, it’s generally not wise for someone representing themselves. A better move would be to hire a lawyer to handle all communications.
@Nova
I understand your point. In most cases, I’d agree, but in your situation, it’s not worth paying someone to manage a situation that shouldn’t affect you. If the bank tries anything shady, then sure, get legal help.
I’m really confused about how the bank can take money you don’t have from your account, especially if the court says you owe it. Are they claiming the bank fronted the money?
Jonah said:
I’m really confused about how the bank can take money you don’t have from your account, especially if the court says you owe it. Are they claiming the bank fronted the money?
Yes, you missed the context. The overdraft isn’t real. You don’t owe this money. The bank’s just trying to secure future deposits while they sort out the garnishment.
@Rye
That makes sense. I’m glad to know they just put a hold on it so any deposits can be directed appropriately.
If there’s any chance I could get my money back, I wouldn’t even put in the effort for $50. Sometimes, banks allow someone not liable to remove their name, but both parties usually need to consent.
Jonah said:
I’m really confused about how the bank can take money you don’t have from your account, especially if the court says you owe it. Are they claiming the bank fronted the money?
Why do you think just sweating it out is going to help? Some people think skipping the app will resolve things.
I’m surprised the bank would even allow that $212,000 negative balance considering the account wasn’t even used.
Stevie said:
I’m surprised the bank would even allow that $212,000 negative balance considering the account wasn’t even used.
But still just a $40 overdraft fee.
Is this the Mike Truesdale guy?
How much was your dad actually in debt?
If he has a history of bad debts, why did you even open a joint account with him?
Why did you let your dad handle this with the lawyer? You should have contacted the attorney yourself. If you can’t trust him, take responsibility and protect yourself. Don’t let him ruin your life.
You really need to get a lawyer like yesterday. If it’s a joint account, they’ll come after you for debt if your dad can’t pay, which will ruin your credit.
Ellis said:
You really need to get a lawyer like yesterday. If it’s a joint account, they’ll come after you for debt if your dad can’t pay, which will ruin your credit.
That’s not correct.