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ok so my wells fargo account had a legal order processing fee taken from it recently which...

ok so my wells fargo account had a legal order processing fee taken from it recently which overdrew my account. After much frustration and many calls I figured out what exactly this "legal order" was for. Now when they took money out it went to the bank simply their fee, but they haven't taken any $ to go towards the legal order amount. I am now worried my direct deposit paycheck will hit my account and the amount due for the legal order will be taken out. when I asked about this to the person I spoke with (legal order processing center for wells fargo) they said no that whoever "served" the order would have to serve the bank again to get the $. is this true, because it doesn't make much sense to me. if they were already served and already took their processing fee why wouldn't they proceed to take whats owed on the order or whatever? was the processing fee to tell them I don't have the funds or what? HELP I cannot have all my money taken from my account the day im paid its simply not an option, as I will not be able to live another week with nothing.
chelsie asked this question 6 months ago
  • Vettster357

    Business analysis, Project Management, Collections

    Accepted answer

    Your funds not protected from a garnishment served upon the Bank on your account. Although the initial service was made and a fee incurred, if there is a garnishment attached to that service, the remainder of your funds are subject to the withholding up to the amount of the garnishment.. Therefore you must manage the balance of your account accordingly. Direct Deposit is not protected.

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    2 comments

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    • C

      chelsie

      so pretty much that means that they do not have to serve them again.
      they have been served the papers necessary and whenever my account balance can cover it . . . it will be taken out. ..right?
    • Vettster357

      The Bank does not have to be served again. Here is an example: The garnishment is for $100.00 Even if there is only $15.00 in the account, the Bank has the legal obligation to lock down those funds, and will. As soon as an additional $85 becomes available in the account,the Bank will lock those funds as well. If you only deposit $25.00, the Bank will lock all of it, (now holding $40.00: $15.00 + 25.00), and will continue until the remaining $60 is captured, and then the Bank will relinquish the full $100.00 garnishment amount to the Court. I hope this helps to explain it.