QUESTION
Can a credit card company freeze your bank account without the consumer being served and final judgment in court?
Asked on Feb 05th, 2013 on Bankruptcy - Oklahoma
More details to this question:
I have been getting phone calls from someone stating that they have been trying to contact me in regards to a civil matter against me and that if I do not return their call that they are going to pursue further legal action against me at the county district court office.
6 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on the law of the state where you live. In Arizona - no, unless it is a student loan, tax obligation, cross-collateralized debt, or a debt with that same bank. Talk to a good bankruptcy attorney in your state. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Feb 06th, 2013 at 1:31 PM
Elder Law & Disability Rights Attorney serving Mount Pleasant, MI
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Stein & Higgs, PLLC
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No, the Credit Card company would first need to get a final judgment, before they can garnish accounts. The only time this is not true is if the Credit card is from the same bank as the card is from and there is a cross collaterilization clause in the credit card agreement, (which there usually is). You should find a debt counseling type of attorney that can work out an installment payment agreement on your behalf and make it binding. If they do so the court has to give you an Installment Payment you can afford.
Answered on Feb 06th, 2013 at 1:31 PM
I would look on the court's internet site Under the civil active list you can see if there is a lawsuit against you.
Answered on Feb 06th, 2013 at 1:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Call an attorney with the details, it is possible in some incidences and contracts that the issuing bank can "offset" other accounts.
Answered on Feb 06th, 2013 at 1:29 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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In North Carolina, no they cannot. A Bank accoutn can only be seized if a judgment has been obtained and the money is not exempt from collections.
Answered on Feb 06th, 2013 at 1:29 PM
The answer to your question is NO, unless you have authorized the creditor to debit your account.
Answered on Feb 06th, 2013 at 1:29 PM