Can a credit card company garnish my bank account?

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Can a credit card company garnish my bank account?

A collection company just garnished my bank account and I was left with nothing. The bank says they have a signed judgement from a judge. I have never received any papers with a signed judgement. The last correspondence from the collection company that I have is from over 1 1/2 years ago. They also have sent the last letter to the wrong address, we have a new postmaster and he’s a stickler. If I didn’t receive anything stating a judgement against me, how do I fight it or at least work out something with the collection company?

Asked on June 15, 2012 under Bankruptcy Law, North Dakota

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order for them to have obtained a valid judgment, they would have had to provided you with some notice of the lawsuit. If you didn't receive notice, then they did one of three things (most likely). They either misrepresented to the court that they served you, served the wrong person, or obtained an alternative form of service. You really need to get a copy of the judgment from your bank and then take it to a consumer law attorney. At the very least, pay him for a consultation.  Also get a copy of the court's records for that judgment, including all documentation of service.   You can also file a complaint with the N.D. Attorney General.  The have forms online that you can use to file a complaint for abusive or illegal debt collection practices.  As a third step, research the company that did the debt collection (which may or may not be the original debtor).  The FTC also monitors debt collectors-- so you may want to see if they have been cited by the FTC for violations of the Fair Debt Collection Practices Act.


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