If a credit card company is granted a judgement against me, can they freeze my checking account? The state I live in does not allow any wage garnishment, but if they froze my checking account, wouldn't this almost be like wage garnishment because I could not access my money?
2006-07-23 11:28:14 · 8 answers · asked by sparkles 4 in Business & Finance ➔ Credit
Lots of answers....and none answer your question.
If.....your wages are directly deposited into your checking account...
And If....no other income, gifts, profits, or other source is deposited into this account......
And If ....you are in a state that does not allow wage garnishment....
Then they can not place a writ or freeze on your bank accounts. You will need to file a motion with the court protesting the writ, and be able to demonstrate to the judge that there are no "co-mingled" funds in the account.
Hard to do, but good luck.
2006-07-23 17:10:01 · answer #1 · answered by Anonymous · 1⤊ 1⤋
You never want someone to get a judgement against you. What that means is that there has been a legal ruling that says you owe someone money and they can seize any property or cash you might have. Local laws do limit some of the things they can grab, but generally they have the right to your money if you have any. Rather than waiting until the legal judgement is rendered, you should have tried to negotiation a payment plan or settlement of some kind. Most business people seek judgements as a last resort to force you to pay. With the judgement in hand, they can seek a lien on any property that you have and in the case of real estate, they can put their name on yours and you would have to pay off the judgement before being able to sell your property.
2006-07-23 20:05:42 · answer #2 · answered by united9198 7 · 0⤊ 0⤋
An interesting Q, and hopefully, even if privately, you'll share with me that state?
I've not had any problem with garnishment, or Literal taking of any income through a "Judgement" But I do know this much.
A judgement is only a statement, basically, of money awarded. It is not a Threat strictly, or a promise that THEY will get you in any way they can. Many law suits/Judgements, for example are never settled for the amount requested, or demanded.
I'm also not familiar with freezing of ones checking account,,, at least not here in Central FL, but I could suggest a few things.
Many with bad credit, do not have a checking account. It might be that NOW many banks will not allow opening one without a credit check,,,WACHOVIA is one I know of.
Many in that situation use money orders and cash to conduct their lives,,,Hence the exploding popularity of companies like AMSCOT,,, No offense meant to them.
I think what may be more important and certainly more valid, would be to pay an owed debt,,,SOMEHOW.
CREDIT is a contract, obligation, promise, to repay moneys used in a fashion that isn't an immediate pay out. That may sound very MORAL in how I say it, and I'm one of the guilty, but it is in fact,, a FACT. WE as a species have been SUCKED in to credit, and pay, no matter in what way, somehow.
We may not strictly pay on time? We may even avoid paying at all, but much like Karma,,, it will get us,,,In the END.
CREDIT has become the life blood of our species. WE want it, and how better to get it, than pay for it later? It has also become one of the greatest curses ever bestowed on our species,,,IE: 21% interest rates as one example. NOT to MENTION, no one mightever sell you a car again, a house ever, take you into a hospital, sell you even a plot to bury you in?
Responsible budgeting, responsible living, doing with less until one can afford to pay for it in the moment, are ways to begin. AFTER the fact,,, life will be a struggle, until you clear it,,,if in fact you ever can.
A statement I use, a quoat of mine, and anaolgy, regarding this topic, as well as others..
"WE can never satisfy a monsters hunger by feeding it. We will only cause it to be more hungry."
Rev. Steven
2006-07-23 18:48:23 · answer #3 · answered by DIY Doc 7 · 0⤊ 0⤋
They should not be able to freeze your checking account. But if you want to buy a house or anything else like that you will have to pay the judgement before you would be able to go forward with the purchase. It also really hurts your credit score. I would recommend disputing it with them and getting it removed or paying it off. Call them and set up some sort of arrangements. Not knowing the full situation though, I cannot say that it would be the best thing for you for sure.
2006-07-23 18:32:54 · answer #4 · answered by dahublaz 4 · 0⤊ 0⤋
Whether or not they can freeze your checking account depends on the laws of the state you live in. But as a general rule, once a creditor is granted a judgement, they can request an order to attach any of your assets not specifically exempted by law - and your checking account may well be such an asset.
You'd probably be ahead to try to work out a payment plan with them.
2006-07-23 18:32:07 · answer #5 · answered by Judy 7 · 0⤊ 0⤋
Freezing your checking account is not at all like wage garnishment. It prevents you from spending money that you owe to the credit card company. It is their money, they are just trying to get it. Quit whining and pay your debt.
2006-07-23 18:33:01 · answer #6 · answered by therego2 5 · 0⤊ 1⤋
Not usually, dependent on the situation and state of residence this don't usually happen. They don't want you to file bankruptcy, they would still rather you pay it off. They will most likely setup some sort of payment system. I would suggest talking to one of the many free debt counsouling programs that are out there. They are great!
2006-07-23 18:36:15 · answer #7 · answered by Super Sean 3 · 0⤊ 0⤋
YES they can screw you 20 ways to sunday!
pay it.. pay pay.. and get it cleaned up after
2006-07-23 18:31:31 · answer #8 · answered by alwaysbombed 5 · 0⤊ 0⤋