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When it comes to garnishment, one of the most common questions we get is "can creditors can garnish my bank account and my wages?" In short, yes, they can! Sadly, there is no statute in Nebraska that prevents them from doing just that. While some judges will not allow the creditor to “double dip”, if you go to court and object, many judges allow the debt collector to garnish both.
Few experiences in life match the gut-wrenching news that a creditor has completely cleaned out your bank account while also garnishing your wages. While you were already struggling financially, now you have been forced into survival mode. So, what are your options?
3 Options to Protect Your Bank Account From Garnishment in Nebraska
- Change Your Finances to a “Cash Basis”
This means that you don’t have your paycheck electronically deposited into a bank account, but instead receive a paper check. Cash the check, and pay your bills with cash and/or money orders. Unfortunately this won’t protect your wages, but it will protect the rest of your money.
- Sign Up for a Prepaid Debit Card
If your employer requires electronic wage deposits, you should sign up for a prepaid debit card from Wal-Mart, H&R Block, or NetSpend. This debit card must be a “prepaid” debit card. It cannot be tied to a traditional checking or savings account. While you may pay a monthly fee for this convenience, at least the collection agency will not likely be able to garnish that prepaid debit card. Presently, debit cards are “under the radar” of collection companies.
- File a Bankruptcy
By filing for bankruptcy in Nebraska, the creditor can no longer garnish your wages or your bank accounts. Anything else is really just a band-aid on a serious problem that will require help from a legal professional. And, when a bankruptcy is filed, you may even be able to obtain a refund of some of the money garnished from you!
2 Options to Protect Your Wages From Garnishment in Nebraska
Unfortunately, your wages are much harder to protect. There are only two ways to stop wage garnishments in Nebraska:
- File a Bankruptcy
- Satisfy the Judgment (Pay off the Debt).
What Should You Do Next? Contact Our Experienced Nebraska Bankruptcy Attorneys Now!
If you have recently received the dreadful news that a creditor is trying to garnish your bank account and/or your wages, please do not hesitate to contact the the experienced bankruptcy attorneys at the Steffens Law Office in Nebraska. We have over 50 years combined experience in the field of debtor/creditor law, and we can help protect you from bank garnishments and help to end your wage garnishments.
Dedicated to helping you achieve a fresh financial start,
WILLIAM “Bill” STEFFENS
JEREMIAH J. LUEBBE
ANNA J. BURGE
Steffens Law Office, P.C.