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I owe attorney fees that attorney has garnished my dads bank account because me and my dad share the same name is that legal
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I currently owe attorney fees which have been delinquent for some time now that same attorney has garnished my dad's bank account
simply because me and my dad share the same name
how can that be legal
Your dad needs to call the attorney and demand that the garnishment be removed from his account. It that does not achieve the result, then a certified letter from your dad should do. If not, your dad needs to file a motion in court not only to remove the garnishment from his account but also for return of all of his money incorrectly taken, plus his costs and any attorney fees he may run up.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Normally, when a bank account is garnished in Arizona, you receive a notice from the court. You can respond to this notice and object to the garnishment. The court then usually holds a hearing to decide what to do with the money. In the meantime, the funds are usually frozen.
If the notice is not responded to, the court usually permits the funds to be taken by the person that filed the garnishment.
So, if you get a notice, DO NOT IGNORE IT. You should consult with an attorney for your response.
Legal Disclaimer: I am not your attorney. The only method of establishing an attorney--client relationship with me is by a paying an advance fee deposit and fee agreement signed by me, which is not offered via this site. The information given is not legal advice and is for general information only. My answer is limited to the facts presented and may not be complete or applicable to your situation. My answer is given upon the condition that you will contact an attorney licensed in your state to receive legal advice that applies to your particular situation.