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After judgment, how long before they garnish my bank accnts?

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    After judgment, how long before they garnish my bank accnts?

    This is my first post but I've been a lurker here on the forums for several weeks and have learned ALOT!

    But, I haven't found the answer to a couple of questions about bank account garnishments.

    A federal judgment has been filed against me (but it's not the IRS/government -- it's the result of a lawsuit that I'm appealing). That in itself is a whole other can of worms, but, for now, I just need to use my checking account for a week or so.

    Can they immediately freeze my checking account upon finding it since they have a judgment? Or are they required to provide me with some kind of notice before they can garnish?

    Does it take time -- like days or weeks -- or can Defendants find and garnish my account instantly?

    If I open a new checking accnt today, could I reasonably expect it to be safe for about a week? Or two? Will it look bad if I deposit thousands of dollars and withdraw it all during this short time even if I can show proof that it was all paid to my atty?

    My home address is in California.

    Thanks in advance for pointing me in the right direction. Stressful times.
    Last edited by garagesale; 03-04-2009, 07:36 AM.

    #2
    I am not familiar with California law, but in Michigan a judgment is not final for 3-4 weeks depending on the court and a garnishment writ cannot be issued until such time. I would think that most states have the same or similar laws.
    CH7 Filed 2/26/2009 (no asset)
    341 Meeting 4/7/2009
    Discharged 7/10/2009
    Closed 7/28/2009

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      #3
      Usually when a judgment is rendered you have a specific period of time to appeal. No garnishment will occur before that time.
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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        #4
        Ah, good to know. I have 30 days from the date of judgment to appeal so I prob have roughly the same time before garnishment can occur.

        Thanks cupcake and OhioFiler!

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