Your buddy should contact a Texas attorney ASAP. I'm not a Texas attorney, so I can't answer your question.
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Your buddy should contact a Texas attorney ASAP. I'm not a Texas attorney, so I can't answer your question.
I've got one. Gilmer county GA. Won a judgement against a former renter for $4062.00 Applied for a bank account garnishment November 10th. BB&T bank stamped it received it NOV 13th, today we received 2 letters one that's a copy of "Summons of Garnishment" mailed normal mail to us and the other came certified and was a "Answer of Garnishee" with a check for $359.22 made out to the Magistrate of Court.
Now it appears the certified letter is meant to have gone to the Court as the check is made out to "Gilmer County Magistrate Court". Now it is also my understanding that the Bank has very strict filing deadlines (45days) where they must properly respond to the court or they become responsible for the judgement? I believe the deadline is Jan 10th. Seems like the bank may have made an error so that the court will receive nothing by the deadline. I know getting my $ from the bank due to their incompetence will be far easier than chasing the dead beat. Anyhow what will happen if this is the case? Will the bank have to pay me? Will they have some sort of amnesty because they sent it to me in error? Will I have any liability for letting this sit? (I'm traveling and will not be able to deal with it til Mid Jan. anyway) Thanks in advance.
Now it appears the certified letter is meant to have gone to the Court as the check is made out to "Gilmer County Magistrate Court". Now it is also my understanding that the Bank has very strict filing deadlines (45days) where they must properly respond to the court or they become responsible for the judgement? I believe the deadline is Jan 10th. Seems like the bank may have made an error so that the court will receive nothing by the deadline. I know getting my $ from the bank due to their incompetence will be far easier than chasing the dead beat. Anyhow what will happen if this is the case? Will the bank have to pay me? Will they have some sort of amnesty because they sent it to me in error? Will I have any liability for letting this sit? (I'm traveling and will not be able to deal with it til Mid Jan. anyway) Thanks in advance.
Worst situation for you is that you are back to square one. If the debtor doesn't close the account you can file another affidavit of garnishment with repaying another filing fee. You should consult with the court about the process.
Typically, banks will close the account after the second garnishment, because they don't want to be responsible for the liability.
Here is some free, unsolicited advice -- you will be doing yourself a big favor to forward the answer and check to the court (or hand deliver it) with a letter of explanation. What you have the "right" to do, and what's the "right" thing to do are not always the same.
Be aware that there is some controversy about the status of garnishments in Georgia right now, so I would be very cautious about making any waves I didn't have to make
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PM replied to. I hope it helps.
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Not trying to be a dick... but the website link in post #1 is for a pothead firm in CO. Just sayin...
Thanks for letting me know. I don't know what the heck was going on with that.
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