The creditor obviously executed a judgment as a bank account levy. The debtor should have received a summons from the circuit court in the city or county of residence that they were being sued. If the debtor did not appear in court to answer the suit then he or she lost the case by default and a judgment was entered in favor of the plaintiff/creditor. When served with the court order for the account to levied the bank must comply unless they are unsure of who the funds in the account belong to. Some banks notify the account holder of a levy before the withdrawal is made, most do not. Generally the account holder is notified after the fact. In the majority of US states it is not required that the debtor/defendant receives the summons, only that a reasonable attempt was made for service. Meaning if the defendant cannot be found because they have moved, are evading the process server, etc. the suit will still go forward and be perfectly legal. Contact the office of the clerk where the judgment was issued for information on the matter and/or seek legal advice from a qualified attorney.
can any creditor freeze my checking account after I get a automatic stay from the court.
Yes. A creditor can not just simply walk into a bank and demand your money. Only a court can have a creditor take money from your bank account. Actually, the court would probably order the bank to pay a certain amount to the creditor from your account rather than give the creditor the right to take money out of your account. A supreme court decision stopped that racket in Arizona.
No. A creditor that wants to freeze the assets in a bank account must seek and be granted a court order. The order must then be served on the bank.
A creditor can only levy your bank account by getting a judgment against you. To do that, they must sue you. And they must win in court. If you are sued by a creditor, be sure to show up for court to prevent this from happening.
Not without the approval of the court
Yes, a creditor can garnish a bank account in South Carolina. The creditor will have to obtain a judgment from a court before a bank account can be garnished.
They creditor is filing to ask the court to issue an attachment against your bank account. This is done by court order. You have the right to be notified and be heard. There are legal steps that can be taken to prevent this action.
No, the creditor does by having you served. You may be served in person by a process server. If this is not possible. you may be served by certified mail. If you refuse to accept the mail. The creditor can have you served by public notice, often in the local newspaper. If you do not happen to get the paper, or do not see the notice, too bad. It is a legal form of service, and the creditor will receive a default judgment when you do not show for the court date.
The banks send your information to the major credit reporting agencies. In order to freeze your bank account the creditor must obtain a court order to collect on a debt from you. With that court order they can get your account information from the bank to process the freeze/collection.
Yes, a creditor can garnish wages even if a levy was lifted on the account. This would require a judgment and the court documents.
It depends on the circumstance. If for the same account or debt then no, the creditor has the right to exercise said levy until restitution is made upon that debt. If there are multiple debts with the same creditor, each debt should carry its on legal action unless consolidated by court, or your personal agreement with the creditor.
No. No creditor has the right to freeze bank accounts in ANY state. Only the court has the right to rule that an account should be frozen.
A creditor can not go to the bank themselves and do it, but if they go to court and get a court ordered lien - yes, it can be.
Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.Yes, if the creditor obtains a judgment lien in court.
No.All SS benefits and public assistance benefits are exempt from creditor action. If the benefits are commingled in a bank account with non exempt funds, it is possible for a judgment creditor to request the court freeze the account until the amount of exempt funds is proved.
No. Disability benefits are exempt from judgment creditor action. However, if the benefits are commingled with monies that are not exempted an bank account can be frozen by court order until it is determined the amount of funds that are exempted from seizure.
Yes, if the creditor has first obtained a judgment against one of the joint owners. However, the creditor cannot take the money in the account without a court order. In order to get the court order, he has to give notice of the levy to both persons who then have the right to object to the turn-over of the funds to the creditor. One obvious objection is that even though the account is in joint names, the money in the account actually belongs to the non-debtor party and should not be taken by a creditor of the debtor party. A joint account does not necessarily signify joint ownership of the funds in the account. It really means that both joint owners have equal access to those funds and the bank will honor checks drawn or withdrawals made by either of them.
A creditor cannot seize your bank account. A creditor can sue for payment, and a court could order you to pay, but even then your bank account would not be seized. Sometimes paychecks are garnished, meaning a portion of them are taken to pay a debt, but only when ordered by a court, and never the entire amount of the paycheck. Bank accounts can also be frozen by a court, when there is a legal dispute that involves that account. Freezing an account prevents any transactions, but it is not the same as seizing the account.Another View: Disagree, in part, with the above answer. While the lienholder cannot "seize" control of "your bank account" IF the respondant is attempting to shield their assets against a court ordered lien judgment, the judge CAN order that funds equal to the judgment be paid to the plaintiff from the identified account.
Yes. That is one of the risks associated with having a joint account. Your creditor can attach the funds pursuant to a court judgment.
By a court order requesting the account be "frozen" until the judge rules on what if any of the funds are subject to levy by a creditor judgment.
Yes. A bank account can be levied by the judgment creditor even if the account is jointly held. If the account is joint and only one of the account holder's is the named judgment debtor, the non debtor account holder must submit proof to the court as to the amount of funds belonging to them in order to protect those funds from being seized. When it concerns such joint account the court will generally freeze the account and allow the non debtor a specified amount of time to claim his or her exempt funds that are in the account.
Not without court permission, unless for child support and maybe certain taxes.
Yes...even without court order, which of course is all what any private creditor needs.
Yes, joint accounts are subject to judgment levy. The non-debtor account holder must present documentation to the court as to the percentage of funds that belong to them to avoid having their monies seized by the judgment creditor. Generally, the court will freeze the account until a decision is made concerning which monies are subject to levy.
You pay the organization/creditor to whom the judgment was granted.