If you are being sued it is very important to know what to do about a bank attachment in Ohio. What is a bank attachment? It is the nastiest weapon someone can use against you if you are sued. It allows anyone with a judgment to enter your bank accounts and take funds you are not using to pay the debt.
Four Steps Of An Ohio Bank Attachment
- You are sued
- The person suing you gets a judgment
- The person with the judgment applies for a court order against your bank to turn over funds you have on deposit.
- The bank takes your money, sends it to the court, who sends it to the person with the judgment.
If you have a judgment against you and your name is on a bank account, the money in the account is at risk. You may be on your mom’s account, or on your boyfriend’s account. I have had clients in both situations. None of the money in the bank account has to even be yours. If your name is on the account, the bank must obey the bank attachment order to turn the money over to the court. Doesn’t seem fair does it?
When do you find out about the bank attachment?
There are two ways:
- The first is when the bank notifies you that they have executed an attachment and already took the money.
- If you have been sued you could keep abreast of the court proceeding online to see what has been filed against you.
You receive no advance warning like with a garnishment. Why? If you knew it was coming what would you do with the money? Take it out of course. Defeats the purpose of the bank attachment doesn’t it.
What To Do If You Have A Bank Attachment in Ohio
If your bank account is attached you will be given a card to request a hearing on the disposition of the funds by the court issuing the attachment order. Some of the reasons to challenge the attachment are:
- The deposit from your account is from social security. In whatever form, social security is always exempt from collection.
- The funds in the account are not yours and you can prove it.
- You filed bankruptcy and there is either an automatic stay or you have a bankruptcy discharge regarding this bill.
If you are still being sued, or no bank attachment has been filed in Ohio yet
If the lawsuit is still pending, that means you still have no judgment against you. Without a judgment there can be no court ordered collection. You still have time. I suggest getting your funds out of the bank. If your name is on someone else’s account, have them open a new account without you on it and put their money there. You can’t keep the collection wolves away from your door forever. It is time for you to seriously think about filing bankruptcy. The bankruptcy stay stops a collection after a judgment.
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