When an attorney garnishes a bank account in error, how do you stop it and get it the money back?
My husband had an outstanding credit card debt that was being taken from our income tax return for the last several years.
The debt was sold, like it was never recouped, and they were able to take it from our bank account. When we contacted them about it, they said their records did not show the debt was paid. They bought it as an unpaid debt and are taking it out.
We got copies from the IRS showing where the debt was taken from our tax returns and not only was paid in full, but overpaid by 00.00.
They said said they would look into it, but then just hit our account again, a second time, emptying it. How can we stop this? HELP!
The tax refunds they are taking are our State refunds. We do not know how they are doing it. We have never seen any type of court paperwork…..been served……gotten any in the mail…..nothing. Just when the tax return is due a letter comes in it’s place saying it went to pay a debt and to whom. (Providian National Bank Collections)
Now a different attorney had hit our bank accounts…..twice now. Using the same debt as what the other attorney used to take our tax returns. When we contacted them after the first time, letting them pharmacy online know that our tax returns had already covered this debt, in full, they wanted proof. We made copies of the letters, and had a printout from the state, and sent it to them. They said they would look into it……..but never did. They just hit our account again.
We are trying to find out what we can do to get this to stop, and what we can do to get our money back. This debt is way over paid now.
Rhonda
uh, keep money out of your account until the matter is cleared up!
I’ve never heard of a credit card debt being paid by one’s income tax refund. The IRS normally is not involved in such a thing. Are you sure that the debt that was being paid by the income tax refund wasn’t a student loan? This is, by far, the most common reason for income tax intercepts.
The IRS generally doesn’t honor a garnishment of an income tax refund unless the intercept is done by a state or federal agency. Example: if one owes on back child support, one’s income tax refund will often be held. Also, student loans are another loan which are paid for by income tax intercepts.
You need to contact the law firm and ask for a copy of the judgment against you. They are also required, (in most states) to provide you with a notice showing the name and address of the court which issued the garnishment. I’m fairly certain they have a judgment, because with some very rare exceptions, garnishments aren’t issued by a court without a judgment.
If you are still confused, you need to contact an attorney licensed in your state to review the matter with you. For a referral, contact your state or local bar association.