QUESTION
Hello, my name is teresa allen and i have a question: Does debtors have the legal right to go into one''s account and freeze the funds at anytime?
Asked on May 21st, 2012 on Debtor and Creditor - Alabama
More details to this question:
There is a garnishment of my checking account and I have talked to the people and they state that they have sent out an served letter to my old address and said someone has accepted it twice and I have explained to her that I have moved in July 2009 and they sent the letter in September 2009. I followed all procedures to forward my mail.
All my money is frozen and my direct deposit is deposited from my employer.
Can these debtors do this, because I did not get a written notice so that I could answer within thirty days.
And they are not taking 5-15% they are taking the whole checking amount, and they said they froze my account and cannot take anything from it until court order... But they withdrawed 100 dollars out of my account?
1 ANSWER
3 Awards
Generally speaking a creditor may levy your bank account to satisfy a judgment. If you file bankruptcy before the funds have been withdrawn, those funds will need to be returned to you and the account will be unfrozen. You may be able to work out an installment payment plan in exchange for a partial release of the account.
If you were never served properly, you may be able to have the judgment set aside. The attorney fees you would have to pay to do so may not be worth it if you legitimately owe the money.
Answered on May 21st, 2012 at 5:44 PM