QUESTION
Can a judgement creditor put a levy on your bank account when all that goes in that account are your paychecks which could not be garnished?
Asked on May 02nd, 2011 on Debtor and Creditor - California
More details to this question:
I had received a summons from a creditor for an old credit card. They had filed the day before the debt was about to expire under the SOL. I had asked them proof for the amount, but they said they were not obligated to send me any proof and that I would have to settle for a large amount or pay montly payments which I could not afford. If I do either, I would avoid having a cause of action filed against me. I told them I do not recognize the amount although I did admit to owning a debt to the original creditor that I was going to pay back when I finished school. I told them what I could afford to pay, but they wouldn't budge. They dropped the summons off at the wrong work location (the only way I found out about it is because the managers called my true work location to let me know). I will try to defend myself, but if I lose I was hoping the court would treat me a bit more fairly then how the debt collector treated me, but I heard about bank levys and I need my account to pay bills.
1 ANSWER
Bankruptcy Attorney serving Sacramento, CA
at
Thomas Hogan Law Office
Update Your Profile
Yes, garnishment can be taken out of your bank account. But if the debt collector did not give you the full information about what you owe and had practice unfair debt collection practices you can report them to the FTC(Federal Trade Commission). The FTC will evaluate your case and see if the debt collector had employer unfair debt collection methods and will sanction the debt collection agency. The debt collection agency cannot charge you for more than what you owe but some seedy collection agencies put on interests and other fees. They are already in violation of your right to Fair Debt Collection when they dropped off the summons and other people had learned about your debt situation. Best go to the FTC and consult a bankruptcy lawyer.
More info: Credit Cards and Bankruptcy
Debt Collection
Thomas Hogan Law Office331 J St. #200Sacramento, CA 95354Tel. #: (916) 756-0243http://www.tomhoganlaw.com
Legal Disclaimer:
The answer above should not be relied upon as legal advice. The information provided above is based on insufficient facts and only speaks to a general opinion based on those insufficient facts. No warranty is provided that the answer is correct. No attorney-client relationship has been formed with me until a signed written contract is complete. For an official opinion, it is advised you seek legal counsel.
Answered on Sep 11th, 2011 at 7:42 PM