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About Jack Hall
Expertise
Will answer questions about consumer or small business bankruptcy, foreclosure, evictions, wage garnishment, bank account seizures by creditors, creditor harassment, repossession and/or surrender of vehicles and other personal property, and civil lawsuits seeking to collect credit card and other debts. Can also answer questions relating to debt management and the effect of bankruptcy on one’s credit history. Can discuss the various options an individual or business may have relating to pressing financial difficulties. In addition to sending me an email, You can also call me at this number if you want to discuss any question on the telephone: 915 261-3893
Experience
Over thirty years of experience assisting clients in all aspects of debtor/creditor relationships. This experience has primarily involved assisting individuals and small businesses that are having financial difficulties, and have also had some experience assisting creditors attempting to recover financial losses.
Education/Credentials
Law degree (Juris Doctorate, J.D.); Bachelor of Arts and Masters degrees in political science/government
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You are here: Experts > Business > Corporate Law > Collections Law > Garnishment
Expert: Jack Hall - 11/14/2009
Question
Can a debt collector or attorney garnish unemployment compensation or freeze your bank account without first taking you to court? Are they allowed to garnish unemployment at all? Florida
Answer
This is not necessarily a yes or no question. First, some states, and I believe Florida might be one of them (ther are only four states that have this policy) will not allow the garnishment of personal wages period, whether they are unemployment or not. However, more importantly, even if a state does not allow the garnishment of personal wages, and as stated, most do, the fact that they are unemployment wages, as a practical matter, may not make much difference bwecause even if they didn't allow the unemployment to be garnished, all states allow for a seizure or garnishment of bank accounts. You could possibly get paid your unemployment and put it in the bank, and then have your account itself seized. Now it is true that you could assert various exemptions to the seizure of the account, for example that it was unemployment compensation and therefore exempt (if in fact it was exempt), but that would nto do you much good in the meantime - your account with your money would still be frozen. In that circumstance, it could take weeks if not months to get a hearing and have the account released - or you could have that done immediately by filing for bankruptcy and geet your account and the money in it released within a few hours. I hope you can understand wat I am saying here because as I said t the beginning, when it comes down to it this is not a simple yes or no question insofar as your getiing to use your unemployment benefits paycheck. IF you have any further questions about this or want me to explain in more detail, call me at this number 915 261-3893
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