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    marilyns's Avatar
    marilyns Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jun 2, 2008, 05:56 AM
    Is there a law to stop collection agency from seizing checking acct
    I could not use checking account on payday, a Law Firm seized my account with very little information from the bank. I want to find an attorney, because I understand the Fair Debt Laws have rules and regulations regarding this action. Collection Agencies with attorneys cannot take all your molney, you have a right to be able to go to work and live.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jun 2, 2008, 08:27 AM
    First, your checking account canot be seized unless a judgement was previously obtained. Second, there are no laws, that I am aware of that prevents a creditor with a judgement from sezing the entire balance of a bank account.

    The exception would be if you can prove that the funds deposited in that account were exempt from attachment or from another person, not a party to the suit.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
    Ultra Member
    		  
    #3

    Jun 2, 2008, 08:42 AM
    If the collection agency, with attorney's, sued you and obtained a judgment, YES they can take all your money.

    As ScottGem stated, you would have to prove 1- that you were never properly served with notice of the suit and hearing date, or, 2- That the money in the account was exempt, or belonged to someone else, which you would have to be able to prove.

    There is no law to protect you from being sued, and a judgment being obtained, and collected.
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