What is the procedure to taken a person bank account over to collect a debt.?

UPDATED: May 15, 2009

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What is the procedure to taken a person bank account over to collect a debt.?

Asked on May 15, 2009 under Bankruptcy Law, Ohio


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Collection practices differ depending on the state you live in. I personally do not know the specifics of Ohio collection law but am aware that certain states allow a creditor to freeze a persons bank account if there is a judgment against the debtor. Once an account is frozen the creditor is entitled to take the money out to satisfy said judgment.

However many states don't allow this or have numerous rules. Social security is exempt as is pension in many states. However if your state allows for a creditor to freeze an account than the procedure once the account is frozen is that you must call the creditor and agree to a payment plan or they will satisfy from the account, what they do is discretionary and up to them. Than many banks charge a fee, ask the creditor to request that it be waived sometimes they will. Than the creditor contacts the bank and the account is released.

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 AttorneyPages.com 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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