Can a collection agency garnish a checking account without going to court?

Question

State = Missouri. Can a collection agency garnish a checking account without first getting a judgement on a credit card collection?

Answer 1

Like the others said, legally they can't (keep in mind that collectors do not always do things legally)

But

They have been known to freeze bank accounts before going to court.

Answer 2

If they obtain a judgement against you and you are in a state that allows garnishment (all except North Carolina, Pennsylvania, South Carolina and Texas) they can and most likely will garnish your paycheck. A good way to avoid being sued is to pay as much as you can each month, even if it is only a token amount. While it is true that they cannot refuse a payment, it is not true that they have to accept whatever you offer as a suitable payment arrangement. I often have debtors that offer something ridiculous like $25 per month on a $5,000 bill. They will accept any payment you make and apply it to your outstanding balance, but that does not mean they will place your account on hold as being in a suitable payment arrangement- they will continue to actively collect on the account until it is PIF (paid in full.) If you do not wish to receive tons of phone calls, send them a cease communication letter stating that all collection activity must be done by mail (not a cease and desist letter, because they will probably just sue you immediately when they get one of those.) Also, since this is a medical account, a SIF (settlement in full) is not nearly as likely as on a financial account. I am guessing that 25% is most certainly out of the question and you would probably have to come up with at least 75-80% of the bill in a lump sum in order to settle it. This of course depends on how old the bill is and if it has been sold or not.

Answer 3

No. No garnishments can be done unless you first have a judgement against you, then an order of garnishment. Both of these must come from the court.

It does not matter what state you live in.

Answer 4

No. Usually the way it works is they take you to court. If they court finds you to be at fault, then the sheriff is the one that has the power to garnish your wages. The sheriff then collects your wages and the party trying to collect gets the money from them.

Answer 5

Blah not everything is common senseor he wouldn't be asking the question.If you were served papers and did not go to court then yes but out of the blue no.

Answer 6

No.

They must first take you to court and get a judgment before they can do anything unless you agree.

Answer 7

Nope

If they did you can sue and you won't have to worry about that bill again ;)