How can they credit card company go in your bank account and take money? 9 Answers as of April 18, 2014

A bank offer me a credit card around 2007 and after 2 years of making payments, I couldn't afford to pay them no more. Basically, it went in default. A couple of days ago they went in my bank account from another bank and attempt to take the money. It’s not the same bank. I only had a $100 dollars in my account. What’s going to happen to my bank? I’m going to owe the other bank the money I owed my credit card company now. There were judgments against me last year. Any legal advice how can resolve this and I am not working at the present time. Thank you.

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
The may have gotten an order from the judge to freeze your bank accounts. You can file bankruptcy to get rid of the debt or do nothing but don't put money in the bank.
Answer Applies to: New York
Replied: 4/18/2014
SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
The big question I would have for you is how long has it been since the charge off? A bank cannot just go take money out of an account. However, if you were charged off some time ago, and they then sued you in court, and got a judgment against you, then they can go take your assets. That includes the money in your bank account. SO you should find out if there is a judgment against you.
Answer Applies to: Illinois
Replied: 4/18/2014
Under Ohio exemptions law, money in the bank [up to $400.00] is exempt from execution. You should have received information about exemptions with the attachment paperwork, including the right to a hearing. As for the card issuer's right to attach, perhaps one of last year's judgments was in favor of the card issuer.
Answer Applies to: Ohio
Replied: 4/18/2014
Law Office of Andrew Oostdyk
Law Office of Andrew Oostdyk | Andrew Oostdyk
If the credit card received a judgment against you, they can use the judgment to garnish your bank accounts. You may want to consult with a bankruptcy attorney in your area to discuss what options are available to you.
Answer Applies to: Texas
Replied: 4/17/2014
Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
It sounds as if they got a default judgment against you. The credit card company can keep taking money from your checking account until the debt is paidit should not overdraft your account unless you have overdraft protection. Perhaps you should talk with a bankruptcy attorney to find out if you can use that to discharge the debt.
Answer Applies to: Arkansas
Replied: 4/17/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I suspect that with a judgment in hand they garnished your account which is legal. To have the details reviewed you will have to engage a business/debtor/ creditor attorney but, on your statement of the facts it appears normal and legal on its face.
    Answer Applies to: Michigan
    Replied: 4/17/2014
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    If they got a judgment against you and you did not pay they can garnish your assets.. including bank accounts.
    Answer Applies to: Michigan
    Replied: 4/17/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Right, the credit card company obtained a judgment against you. Then they got a Writ of Execution against the bank account and took the money. If you aren't working and have a lot of debt, it might be a good time to declare bankruptcy.
    Answer Applies to: California
    Replied: 4/17/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    A credit card company cannot go into your account and take money unless (a) you have authorized an ACH debit or (b) they have a judgment. Find out from the bank holding your account what the justification for the withdrawal is.
    Answer Applies to: Illinois
    Replied: 4/17/2014
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