Can a debt collector go into my checking account without my knowledge and take all the money out that I have for living expenses?

UPDATED: Sep 16, 2011

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Can a debt collector go into my checking account without my knowledge and take all the money out that I have for living expenses?

I paid the debt collector a few times with a check and my check card. Since then, they have went into my checking account and taken out every last cent that I have, with the bank charging me $100 each time that they do it. I now have no money for rent, food, gas, electric, etc because every bit of money I get in the account, the debt collector seizes it. Can they seize my funds if I did not give them my account number and agree to it and how can they take everything out of my account and not leave me any money for living expenses? I am desperate. What can I do?

Asked on September 16, 2011 under Bankruptcy Law, Kansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written, it seems as though the debt collector claiming that you owed money on some account was able to use information that you gave him or her from the check that you wrote for payment of monies owed to levy on your checking account taking all monies in that account.

If that is what happened, then the debt collector had more than just a claim for money owed, the debt collector actually had a judgment resulting from a lawsuit against you from some third party or the debt collector itself.

What happened is perfectly legal if in fact there was a judgment against you. The debt collector had a writ of execution issued by the court clerk resulting from the judgment and then had a sheriff levy upon your bank account to pay off amounts owed in the judgment.

Yiu should have received a notice of levy from the sheriff where you could have filed a claim of exemption. Apparently you failed to do so since your checking account had all of your money taken.

Unfortunately, there is nothing you can do about it now unless you want to enter into a written agreement for payment on the judgment on a monthly basis with the debt collector.

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