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Published by Eva Rosenberg, MBA, EA

Volume 6, Issue 266        July 9, 2004

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Bank Garnishment
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» From: Port Gibson, MI

Dear TaxMama:

Where can I get help with a bank account garnishment?

Also Can a bank take your property/land from a auto repossession?

I need to get help.

Thanks

Nelson

TaxMama Replies

Dear Nelson,

You're going to need to go to the source.

No one can garnish your bank account without the court's permission - except the IRS or state taxing agencies - and they don't do that until they have written to you repeatedly and you've ignored them.

On an auto repossession, you signed a loan contract that says if you don't make the payments, they can come take the car back. So, yes, the bank may take your car back. But unless you signed something permitting them to secure your property, too, I don't think even in Mississippi, a bank can grab your land without going to court, first.

But, remember, whenever you take out a loan, if you secure it against land or vehicles or property, when you don't make the payments, yes, you have given them permission to take the property the loan was secured against.

How does that help you now? I don't really know.

The one thing you can usually do to stop such actions is to file bankruptcy. A good attorney can freeze all these repossessions. But it may be for a short time only. If the loans were secured by these properties, even the bankruptcy may not help.

I am sorry I can't help you. At this point, you need an attorney.

Call your bar association to see if they have anyone who does pro bono (free) work, if you can't afford to pay.

Best wishes,

Eva Rosenberg
Your TaxMama


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