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Can a creditor seize your checking account after you file bankruptcy?
Wiki User
∙ 15y ago
Not without the approval of the court
Wiki User
∙ 15y ago
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Can a creditor garnish wages and seize money from a bank account in Michigan?
A creditor can garnish wages or attach assets if they have obtained a judgment against the debtor.
Can a creditor seize your bank account if your income is not enough?
A creditor can not seize your account unless: 1) They are also your bank and you signed agreements allowing "right of offset" where the bank can take funds from your accounts to satisfy delinquent loans you have with them. 2) Your creditor obtained a court order allowing them to attach funds or place a levy on funds. Insufficient income is grounds for credit denial but I am not aware of any possible situation where funds in a bank account may be frozen or taken when a loan is current and low income is the only problem.
Can the bank seize assets in the bank during a bankruptcy?
If creditors believe the person is trying to remove funds from accounts to keep them from bankruptcy proceedings; creditors can petition the court to freeze all accounts/assets. A bank cannot arbitraily seize account funds unless the depositer has a loan with the bank which includes a set off provision. Even then the bankruptcy trustee can request the funds be returned and included as assets in the bankruptcy.
If you owe money at a bank can they still seize funds if you deposit a check from someone who also holds an account there into your checking account at a different bank?
To clarify, I owe money at US Bank for a defaulted credit card with them. I have a TCF checking account. If I try to deposit a check made payable to me, and that check happens to be a US Bank check, can US Bank seize the check made payable to me even if I deposit it into my TCF checking account? Not sure if they will see that US Bank funds are made payable to me from someone else's account. Any insight would help! Thanks!
Can a bank seize funds from a checking or savings account for money owed on the bank's credit card without a court order in Texas?
Yes, it is referred to as a "set off" action.
Can collection agencies garnish or seize your checking account?
no
Does a creditor who you owe money to have the right to seize your bank account in California if they bought out that bank?
yes
Can a creditor garnish wages and seize money from a bank account in Michigan?
A creditor can garnish wages or attach assets if they have obtained a judgment against the debtor.
Can a collection agency or collector seize a checking account for a medical bill?
== == no they can not do so for a medical bill.
What property can a judgment creditor attach if you do not own real property or vehicles and the only money in your checking account is from regular wages?
They can garnish your wages. Texas only allows a judgment creditor to garnish wages if the creditor has no other options available to execute the judgment. A judgment creditor can levy a bank account including a joint account or a joint marital account. Regular earned income (wages) deposited into a bank account are NOT exempt from creditor seizure. The creditor may also seize and liquidate any non exempt assets belonging to the debtor (bonds, stocks, jewelry, livestock, a specified amount of tools of trade, in some cases household furnishings, etc). Texas is a community property state, therefore, it might be possible for the judgment creditor to seize joint marital property even if only one spouse is the debtor. Some income, however, cannot be attached by creditors or persons who prevail in a lawsuit. For example, disability income, Social Security income and military retirement income cannot be garnished or attached by a creditor.
Can a creditor seize your tax refund?
If the creditor is a government agency, then yes. If the creditor has not won a court settlement to garnish your wages, then no.
Can a creditor seize your bank account if your income is not enough?
A creditor can not seize your account unless: 1) They are also your bank and you signed agreements allowing "right of offset" where the bank can take funds from your accounts to satisfy delinquent loans you have with them. 2) Your creditor obtained a court order allowing them to attach funds or place a levy on funds. Insufficient income is grounds for credit denial but I am not aware of any possible situation where funds in a bank account may be frozen or taken when a loan is current and low income is the only problem.
Seize bank account for credit card debt?
If your bank account has been seized because of a debt you owe, you should call and work out a payment arrangement with the creditor. You should also start a new bank account.
Can a creditor repo a truck if thy are not on title as a lien holder?
This depends on state law regarding lienholders, not bankruptcy law. Debts can be transferred (sold) to other creditors, but usually the title has to be endorsed to the new creditor and you have to get notice of the transfer. A creditor can seize a truck under a court order to satisfy a judgment, whether it is on the title or not. It is not a repo, however.
Can the bank seize assets in the bank during a bankruptcy?
If creditors believe the person is trying to remove funds from accounts to keep them from bankruptcy proceedings; creditors can petition the court to freeze all accounts/assets. A bank cannot arbitraily seize account funds unless the depositer has a loan with the bank which includes a set off provision. Even then the bankruptcy trustee can request the funds be returned and included as assets in the bankruptcy.
In Texas can a creditor judgment for an unpaid phone bill be enforced as a wage or tax refund garnishment or a bank account levy?
A judgment creditor can levy a bank account even if it is joint. A judgment creditor can only garnish income if there is no other way to recover monies owed. A judgment creditor can place a lien against real property but cannot perfect the lien as a forced sale of a primary residence. A judgment creditor cannot seize a tax refund.
If you owe money at a bank can they still seize funds if you deposit a check from someone who also holds an account there into your checking account at a different bank?
To clarify, I owe money at US Bank for a defaulted credit card with them. I have a TCF checking account. If I try to deposit a check made payable to me, and that check happens to be a US Bank check, can US Bank seize the check made payable to me even if I deposit it into my TCF checking account? Not sure if they will see that US Bank funds are made payable to me from someone else's account. Any insight would help! Thanks!
