I know they can file a lawsuit, but I don't think they can touch my bank account.
2006-11-05 03:10:03 · 12 answers · asked by Mr. Right 4 in Business & Finance ➔ Credit
No, they can only get a legal judgement in a civil court action. This process take at least a few months. Even if they do that, you will be informed of any court action against you since it is also necessary for the other party to prove they have served you with all information in their case. Freezing accounts happen when the government gets involved, not for disputes with every day creditors and every day people. If you are concerned about your bank account though, make sure you never provide anyone you bank information.
2006-11-05 03:15:15 · answer #1 · answered by Bard's Babe 3 · 0⤊ 0⤋
Wow....a lot of wrong answers....there are a few states that don't allow bank garnishments for unsecured debts (one is South Carolina i think),
make no mistake, they can and will.......and they can get a judgment w/out your knowledge.....and one day out of the blue....BAMMM!!! your account is empty w/ bounced checks all over the place.
Zero out your account and don't let money sit in it anymore....They warned you, but may not execute the Judgment for weeks/months.....
Bank account garnishments are a one time event (unlike a paycheck garnishment which continues until the full amount is paid).
States have different general rules.....google your state and garnishment and see what you find.
2006-11-05 14:56:57 · answer #2 · answered by Paula M 5 · 0⤊ 0⤋
chrisgarden4girls, and all the rest are wrong.
I can guarantee you that once you have been taken to court, and they have been awarded a judgement, they can (and will) go after your bank accounts. Actually, after garnishment, seizing bank accounts is the next easiest way to force payment.
I saw one answer that said to take your money out of your account...(got 3 negative answers). Actually that's good advice.
2006-11-05 14:00:32 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Absolutely not. They would first have to take you to court and get a judgment against you. But even then the court is very unlikely in fact almost assuredly not to attach any of your assets. They would most likely just find in favor of the collection agency and then state that you owe them the money and then give you 5 years to pay it off.
2006-11-05 11:19:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Theoretically, yes, BUT.... they must have a lawsuit and judgement already accomplished. They can't do it without taking you to court and getting a jdugement from the judge.
That takes time, and likely all they're doing is trying to scare you, which is against the law. If they're gonna do it, they should do it, and not threaten idle threats to elicit payment. Next time they call, tell them that you want permission to record the coversation (not that you have to actually record it in reality), and say that they're infringing on your rights according to this:
http://www.expertlaw.com/library/consumer/fair_debt_collection.html#3
2006-11-05 11:13:34 · answer #5 · answered by Anonymous · 1⤊ 0⤋
They might be able to go to court and put a lien on your bank account. This means they would be get a certain percentage/portion of your paycheck until balance is paid,,,,,if there arent enough funds in your acct to pay the bill
2006-11-05 11:11:56 · answer #6 · answered by chumbawumba91501 3 · 3⤊ 0⤋
Only the IRS can freeze your bank accounts. Everyone else is full of crap.
2006-11-05 11:11:33 · answer #7 · answered by Anonymous · 3⤊ 0⤋
Only if the debt is from that bank (like a loan).
2006-11-05 11:12:00 · answer #8 · answered by Just Me 2 · 0⤊ 0⤋
I don't think that's possible. Best thing you can do is ask your bank about it?
2006-11-05 11:14:03 · answer #9 · answered by Geneddly 4 · 0⤊ 0⤋
I seriously doubt that but to be on the safe side, call you bank IMMEDIATELY.
2006-11-05 11:58:15 · answer #10 · answered by Anonymous · 0⤊ 0⤋