Is it legal for a debt collector to take the total sum of your checking account?

UPDATED: Nov 3, 2011

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Is it legal for a debt collector to take the total sum of your checking account?

I have an $11,000 credit card debt that now belongs to a law firm. This morning, they began to collect, and now all of the funds that were in my checking account are now gone, leaving my checking account balance at zero. I now have no money for rent, bills, etc. My rent is due in 3 days. I have heard of garnishing wages but this seems illegal.

Asked on November 3, 2011 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there is a judgment against you for a credit card debt resulting from a lawsuit against you, the judgment creditor can levy on your bank account or checking account to get payment on the amount owed. This is apparently what happened to your checking account.

The process is allowed and is set forth through a statutory scheme in each state in this country. I suggest that you try and work out a written payment plan to pay off the judgment that you owe on the credit card debt that you have written about.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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