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Seizing Bank accounts

Date: Sat, 11/17/2007 - 16:37

Submitted by goldenbast
on Sat, 11/17/2007 - 16:37

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Total Replies: 11


I'm very curious about this subject. I know that wage garnishments can't be done in TX, but I have heard warnings about CA's coming along and freezing and/or draining your bank account. Can they do this legally without a court order? Is there any way to fight this?

Also, state law states that they can't garnish wages, so threatening to do so is a violation, since they can't actually do it, right?


No one can seize your account without warning..To do so they would have to sue and get a judgement, just like a garnishment.

Yes, threatening to garnish when they can't is a violation..But remember, federal debts and all student loans can still be garnished in Texas, it's only consumer debts that can't


lrhall41

Submitted by finsfan13 on Sat, 11/17/2007 - 17:10

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Well I can speak on the subject when it concerns people that owe banks money ..I have been told by numberous people that owed banks money that then later opened an account at another bank or credit unions and some time later the original bank that the money was owed to was able to take the money from the new account.

This was done several times with different people and different banks, without warning and without a court order.


lrhall41

Submitted by Mary Adkins Matthews on Sat, 11/17/2007 - 19:03

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Some banks include that in their deposit agreements, specifically if chexsystems comes up with a record later. Read between the fine print on your deposit agreement before signing. I know at least 12 states that banks are allowed to include that in the agreement that they reserve the right to debit your account for any debts owed to another financial institution for a deposit account debt.


lrhall41

Submitted by on Sat, 11/17/2007 - 20:52

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I've heard too that if you owe the IRS and they find out where you bank, they can freeze your account without court. Any consumer debt I'm pretty sure would need a court order to touch your account.

At least in IL, the first step is obtaining a judgment. Once creditor has a judgment, then they can file a citation -- they have to properly serve you with it just like a summons. Once you've been served a citation, the court commands you not to touch any of your assets until a court hearing. If you receive a citation and go withdraw all of your money from your accounts, you can be held in contempt. Later at the court hearing, you have to show the court what assets you have, and the judge decides what the creditor can take to satisfy the judgment, including bank accounts.


lrhall41

Submitted by DebtCruncher on Sat, 11/17/2007 - 21:46

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Keep in mind none of these things happen very fast. I don't know about banks and freezing accounts..however when going to court it is a long process. You need to be alert to what is going on with you accounts and just keep on top of it. Like Fins said keep in touch with your creditors and be honest with them if they are being fair to you.


lrhall41

Submitted by laura19544 on Mon, 11/19/2007 - 04:11

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can collection agency withdraw money from bank account. I got scare and gave them my debit card account,but I contact a lawyer and he told me that I should cancel the debit card,which I did,and never to give my personal information. Now my debit card is
cancel,can they still withdraw the money. I need the reply asap. should I cal the bank and let them know about this.


lrhall41

Submitted by on Fri, 09/25/2009 - 05:32

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Quote:

Originally Posted by Anonymous
can collection agency withdraw money from bank account. I got scare and gave them my debit card account,but I contact a lawyer and he told me that I should cancel the debit card,which I did,and never to give my personal information. Now my debit card is
cancel,can they still withdraw the money. I need the reply asap. should I call the bank and let them know about this.
they are to withdraw the money today, and I don't have the money they ask for.


lrhall41

Submitted by on Fri, 09/25/2009 - 05:39

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