Is it legal for a debt collector to take the total sum of your checking account?

I have an $11,000 credit card debt that now belongs to a law firm. This morning, they began to collect, and now all of the funds that were in my checking account are now gone, leaving my checking account balance at zero. I now have no money for rent, bills, etc. My rent is due in 3 days. I have heard of garnishing wages but this seems illegal.

Asked on November 3, 2011 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a judgment against you for a credit card debt resulting from a lawsuit against you, the judgment creditor can levy on your bank account or checking account to get payment on the amount owed. This is apparently what happened to your checking account.

The process is allowed and is set forth through a statutory scheme in each state in this country. I suggest that you try and work out a written payment plan to pay off the judgment that you owe on the credit card debt that you have written about.


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