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-   -   Can my bank account be garnished without being court issued? (https://www.askmehelpdesk.com/showthread.php?t=128925)

  • Sep 12, 2007, 06:45 PM
    Janell81
    Quote:

    Originally Posted by stevep78
    I have been issued a civil summons for a credit card debt of $5,220.73...I do not agree I owe this much, should I fight this? i have an entirely different question listed about that..but I forgot to mention, can my bank account be gotten into without a court order to do so by a judge?

    Hi. I may not be able to fully answer your question but as far as I know your checking account CAN NOT be gotten into without a court order. My husband had a problem with a credit card too and they had to go to court to be able to get into his checking account to get what they said that he owed them before we got married. They then put a freeze on his checking account for a while. But the same goes as to they had to have a court order to be able to do that. I hope this eases your mind a little about whether someone could just get into your checking account without your knowledge or without the courts knowing about it and having to okay it first.

    Janell
  • Sep 12, 2007, 06:49 PM
    JohnSnownw
    No, it cannot. That is unless you got this credit card through your bank, and have a signed contract giving them the authority to do this.
  • Sep 13, 2007, 12:10 PM
    mr.yet
    They must first obtain a judgment against you, and the garnishment order must be signed by a judge, nothing less.
  • Sep 14, 2007, 08:42 AM
    B82C
    Quote:

    Originally Posted by stevep78
    I have been issued a civil summons for a credit card debt of $5,220.73...I do not agree I owe this much, should I fight this? i have an entirely different question listed about that..but I forgot to mention, can my bank account be gotten into without a court order to do so by a judge?

    The bank can't take off amount from your account, unless you either sign a form with the bank advisor or court order. The thing is normally they won't wast their time for small amount of money which is under $10,000. But if it's a private bank then they might. They can threaten you all they want by press againest your credit history, but without your agreement or court, they can't do anything about this

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