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frankv
Feb 3, 2010, 08:20 AM
How does a collection agency go about finding out about my bank accounts, etc. Will I be notified first? Will I receive a court order in the mail? Can they get my SS and pension? Please let me know. Thank you.

DownUnder
Feb 3, 2010, 08:24 AM
The only way you will know that a "frozen" bank account is possible is when you get a judgement issued from the court
But before that you should receive papers saying you are being sued
Also ss is exempt from garnishment
But it will be up to you to prove it

ScottGem
Feb 3, 2010, 08:45 AM
There are several ways a collection agency can get your bank info. Credit bureaus are a main source, but there are others.

If you have a monitoring service on your credit reports you may be notified of inquiries.

Before they can attach what's in your account, they have to obtain a judgment against you in court. You should be served with a summons notifying you of the suit. If you don't respond or cannot put up a defense, then they will win a judgment. Once they do that, they can apply for a writ of execution against your accounts. You will not be notified of the application, issuance or service of this writ until its served on the bank and your accounts frozen.

While SS payments are not subject to garnishment, once commingled with other funds they are fair game. You would have to prove how much of the balance is exempt from attachment to get those funds released.

Has a judgment been obtained? Has a suit been filed?

frankv
Feb 3, 2010, 09:50 AM
Can a collection agency get at my children's trust fund. It is in my name and my two children's names and is in a money marketaccount.

frankv
Feb 3, 2010, 09:55 AM
Can a debt collection agency get at my children's truct fund. It is in their name and mine, and is in a money market account.

ScottGem
Feb 3, 2010, 10:11 AM
First, please do not start new threads for the same question.

Any account that you are listed as the owner may be subject to attachment. Generally accounts held in trust for someone else are exempt.