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Garnishment

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I was garnished today.  They took a total of 1695.00 in 2 transactions.  The money was not from income.  I ran an adult foster  home, it was an over payment by the state (but this not taxable money anyway)..can they take non taxable income? Or an over payment that would be scheduled to be sent back? it really was not my money. 

The other thing is, I am currently unemployed.  So they took everything I have.  I am assuming I cannot get it back?  Should I have gotten a notice I was being garnished?  

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I was garnished today.  They took a total of 1695.00 in 2 transactions.  The money was not from income.  I ran an adult foster  home, it was an over payment by the state (but this not taxable money anyway)..can they take non taxable income? Or an over payment that would be scheduled to be sent back? it really was not my money. 

 

 

I'm assuming that this was from your bank account. Any money in your bank account is fair game except for Social Security and, perhaps, disability payments and maybe a few other exemptions.

 

 

 

The other thing is, I am currently unemployed.  So they took everything I have.  I am assuming I cannot get it back?    

 

Probably not.

 

 

 Should I have gotten a notice I was being garnished?  

 

Well, generally, the bank gets served the writ and freezes the account. Once that happens you should have been notified by the bank and given a certain number of days to contest the levy or claim exemptions by filing with the court, sometimes 10 days, sometimes 20.

 

After that period is over, the money is released to the judgment creditor.

 

Above is general information. The Oregon garnishment statutes start with 18.600 at:

 

https://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors018.html

 

You can read the statutes and learn about the process and the exemptions and see if any apply to you.

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Who is "they"? Presumably, the "they" is an entity to which you owed money and probably had a judgment against you. Based on the facts you presented, difficult to say whether or not you recieved proper notice of garnishment under Oregon law. However, you probably should not have been surprised this was a possibility if you owed money. Note, if the money was an overpayment by the state and you expected to retunr the money to the state, the fact that is was garnished and removed from your account is not likely to relieve you of the obligation to repay the state. 

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I was garnished today.  They took a total of 1695.00 in 2 transactions.  The money was not from income.  I ran an adult foster  home, it was an over payment by the state (but this not taxable money anyway)..can they take non taxable income? 

 

I'm going to guess that "they" refers to the creditor who has a judgment against you and that this was a garnishment/levy of a bank account.  Needless to say, if the creditor did this, then it's obvious that it can do so.  It should be equally obvious that your creditor has or likely has no idea where the money in your bank account came from.  All your creditor cares about is whether or not there's money in the account.  If you believe the money in the account ought to be exempt from levy, then it's incumbent on you to file the appropriate papers to challenge the levy.  While you haven't clearly described the source of the money, I can't see any reason why it might be exempt.

 

 

 

Or an over payment that would be scheduled to be sent back? it really was not my money.

 

If it's someone else's money, then you need to notify that party ASAP and may be obligated to take action yourself to protect that other party's interests.

 

 

 

Should I have gotten a notice I was being garnished?  

 

You were (or should have been) served with a summons and complaint when you were sued.  You were (or should have been) served with copies of all other documents filed in the lawsuit (including notice of entry of judgment).  That's all the notice to which you were entitled.  Giving advance notice of a bank garnishment/levy would defeat the purpose because anyone who is not completely asleep would remove all money from any account upon receipt of such a notice.

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