Ask TaxMama.Com Tax Information With A Mother's Touch Published by Eva Rosenberg, MBA, EA Volume 6, Issue 276        September 17, 2004

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Garnishing Bank Accounts » From: Laurel, MD Dear TaxMama: Can a lawyer place a hold garnishment on a bank account, without first going to employer for wage garnishment? This was done without formal letter or paperwork. Ken Dear Ken, It all depends on what the garnishment was for, and what you signed to get into that position. If there was a lawsuit, even small claims, and you didn't show up - you defaulted - and the winner can garnish your paycheck. If you signed any of a variety of contracts, there may have been a clause or agreement allowing them to collect if you default. Go back to the original source document to see if they have the authority. Incidentally, attorneys, on their own, cannot garnish. Garnishments come from a court order or other legal authority, like a lawsuit, often via a marshal or sheriff. But then again, that's a legal question - not a tax question. I only know the answer because I have been successful at garnishing wages myself. [Hint: Don't NOT pay your accountant, bookkeeper, or tax professional. We know where your assets are!] I hope this helps. Best wishes, Eva Rosenberg Your TaxMama

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