bank and credit card question?

Question

i have a summons for court and they want to take my bank account because they cannot garnish my paycheck because i don't have a job can a credit company just do that or do they have to send me paperwork first i have answered the summons back but have not yet recieved a date for court i get money deposited for my son and don't know if i need to close the account and work out another form of payment for my son or wait has anyone else gone through this i don't own anything but the bank account can they just attach my bank account without me knowing no smart answers please i am going through some bad times right now and need only serious answers

Answer 1

Along with the summons there should be a complaint for breach of contract, I guess, stating the amount of damages (how much they say you owe them). Until a judgment is entered and a writ of execution is issued (in this case a garnishment order), no, they cannot just garnish your bank acocunt. If you have answered the summons, then wait for the court date and go to the hearing. They can take no action without a judgment. Even with a judgment, I doubt they can just take your assets unless they can show that you have a bunch of money and are simply trying to rip them off. Have you thought about looking into filing for protection under the bankruptcy laws?

The only exception is if you owe a goverment entity. They will simply withhold what you owe from your state or federal income tax refund check (if any).

Answer 2

Yes. If you fail to go to court, they can freeze your bank account. Best option - call your credit card company and try and work out a solution to stop the court proceedings. Most credit card companies want to work with you for a resolution. If you tell them that you can make small payments, and get it in writing, many times they will work with you, stop court proceedings and you will remain free from having your account frozen. Granted, you will have to make small payments, but should be attempting to pay the debts you owe anyway.

Answer 3

Until they get a judgement from court they cant do anything to your account. Just in case they do get a judgement, I would look for other methods to get payments for your son. It will be a lot easier if you try to work something out before you get to court. The collection agency will save the lawyer fees and court costs so should be willing to work out some type of payment plan.