Is a debt collection lawyer able to put take money out of my bank account even though I have been paying?

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Is a debt collection lawyer able to put take money out of my bank account even though I have been paying?

About 5 years ago there was a court appearance in which I agreed to pay $20 a month on a $3000 debt. I have been paying $60 per month. The past 2 months Ihave not made a payment but have spoken with the law firm. I was told to pay $30, as long as I sent something. When I went to my on-line checking, my account was empty. On one of my savings account, it now reads “Writ of Attachment X Credit Services”. I have made payments in the amount of $2110 to date.

Asked on September 28, 2011 under Bankruptcy Law, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, once there is a mutually agreed to (between creditor and debtor) payment plan or schedule in place, both parties are bound by it; as long as the debtor keeps paying per the plan, the creditor may not take action against him or her.

However, you say that you did not pay for two months; that means you violated the court order, stipulation of settlement, or agreement (however the plan was expressed). Once you violate it, the other party is entitled to go to court and seek to use other remedies, such as garnishinig your bank account, to collect; the other party is no longer obligated to the payment plan or schedule once you violate it, but may take other collections action.


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