Can a credit collection service take money from my bank account without my approval?

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Can a credit collection service take money from my bank account without my approval?

I had been trying to settle a bill with the county water dept. I had been calling them telling them how much to take out of my bank account. This time I talked to no one and they took the balance out without my approval. Is that legal? Can creditors just take money out of my bank account without warning me just because they have my card number?

Asked on November 15, 2011 under Bankruptcy Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unless a creditor of a person has an actual judgment or an authroization signed by the debtor allowing the withdrawal of money out of a bank account the creditor legally cannot get access to money in one's bank account.

In your situation, if there is a judgment against you stemming from a lawsuit, the judgment creditor can levy upon your bank account to get moneys to pay down the judgment. If there is no judgment against you, then getting money from your bank account does not seem warranted based upon what you have written. I suggest that you consult with a debt collection attorney.


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