Can a credit card company garnish your checking account?

Question Details:

I had an overdue credit card. They took me to court the judge dismissed it without prejudice now the company has garnished my checking account. Is this legal?

Asked 11/11/2009 under Business | 835 View(s) | More Legal Topics

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Business Law Answers

I am a lawyer in CT and practice in this area of the law.  A creditor may NOT garnish wages without a court order/judgment.  if the court dismissed the creditor's case, the creditor must refile it before moving to garnisih wages.  i suggest that you hire a lawyer to obtain the documents the creditor filed in court and then look inbto filing a unfair debt collection practices claim against the creditor.  your bank should not honor the garnishment without an order and I would be surprised that it permited the garnishment.  Indeed, the bank can be held liable for permitting the garnishment wihtout the right documents.  Hire a lawyer asap.

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