Can a prepaid debit card be garnished because of a judgment?

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My paychecks are direct deposited into an American Express prepaid card. If a judgment is issued against me can the prepaid debit card be garnished. Thank you.

Attorney Answers

3
Eric Rothstein ·
In theory if the creditor knows where to serve a restraining notice the money on the card can be seized. The creditor can also garnish your wages from your employer before it is put on the card.
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Russell Dombrow ·
As Mr. Rothstein stated, the card could be garnished, but the garnishment could also happen through the employer. The creditor needs to have probable cause, though, that your paychecks are direct deposited onto that card, though; if you've made any payments to the creditor using that card, then that would be enough to show AmEx.
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Barbie Lieber ·
I agree with my colleagues above. Judgments last for 10 years and can be renewed for another 10 years and they also accrue interest at the statutory rate of 9%. Not only is your pay check at stake, but any monies that you have in a bank or brokerage account are vulnerable. Judgments cause substantial financial and emotional stress. If the judgment is significant in size and/or you have other debts, then I would strongly consider consulting a knowledgeable bankruptcy attorney to discuss your options. A chapter 7 or 13 filing results in an "automatic stay" which prevents creditors (including judgment creditors) from taking any actions to collect on debts that are dischargeable. Best of luck, Barbie D. Lieber
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