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.
The bank should notify the account holder that the account has been levied by a judgment holder. Also, the account holder/judgment debtor should have received a final notice of judgment citing the action the judgment creditor is taking.
Under certain circumstances, when the bank is notified, the accounts of the deceased may be frozen. However, Chase does not know when customers die unless notified typically.
Contact your bank for that answer
If you are confident that you know that the IRS is the agency now in charge of your bank account, it may be that you owe the IRS money. Best practices dictate that you call the IRS and work out the details of your situation with them.
I don't know if this helps anyone or not but I know that I have a friend who had went to court several months ago over a dr bill. The judgment was set for her to pay so much a month. She missed a payment and then all of a sudden she started getting bounced check notifications in the mail. when she called to find out what was going on because she and her husband had just been paid, the bank told her that there was a levy put on her account. No. A collections agency can garnish wages. A court can order you to pay up, but no one can go into your checking account and take money away. A checking account can be seized by the IRS or by court order. a collection agency did seize and close my checking account, by court order, without knowing where or even if I had an account. so yes it is possible. this happened 2-20-2006 A creditor must follow due process meaning a winning a lawsuit and having a judgment entered against the debtor defendant and then executing the judgment as a bank account levy. In some cases the creditor will ask the court to "freeze" the funds in the account until the case is heard, this is generally done when there is a reason to believe the debtor will attempt to transfer or remove the money. It's a fairly simple matter for a judgment creditor to find a bank account, especially if they have kept a record of payments made from the account. Joint accounts are also subject to judgment levy except with the exception of marital counts held as TBE. The IRS and/or state tax agents cannot arbitrarily remove money from an account they must have a court order and the debtor must be informed before the account is seized. With the exception of the state of Massachusetts the IRS may only levy a bank account once.
can you keep a creditor from finding your account
They can legally freeze anything with your name on it. Also know if they can prove your spouse has a checking account with the same bank you do they can take it too. They don't actually freeze it. They take out the balance and refund whatever is left after all their costs. ONLY IF IT IS A JUDGMENT!!!!!
This begs curiosity as to why you would be aware that the creditor attempted to garnish an account where you have no accounts. Prior to serving garnishment of an account, the creditor will need to know that you do have an account or accounts at the bank. This is typically verified by the legal department or a skip tracer. If no account exists, or if there are no funds available to attach, the creditor will be notified, but there is no reason for a bank to notify you if no account exists. If you have no account at a bank, for all intents, you do not exist to the bank.
I don' t know about an IRA account, but a creditor cannot freeze or "attach" an individuals' social security or pension account in many States. If you can show that the bank "attachment" was either a SS monthly payment or receivables from a pension fund payout, the courts will declare the action invalid. Don in Cherry Hill, New Jersey
From experience (as far as I know), if you are a joint holder of the frozen bank account, yes, they can garnish, but check your state statues because you may be exempt from garnishment.
The bank should notify the account holder that the account has been levied by a judgment holder. Also, the account holder/judgment debtor should have received a final notice of judgment citing the action the judgment creditor is taking.
A creditor can put an attachment on a joint savings or checking account in NY. When an account is held jointly with another individual, the creditor does not know who contributes more to the account and secures the account as an asset.
If you have her account number, call the bank immediately! The sooner the bank gets a freeze order on her account the less likely you are going to be charged for fraudulent transactions. Meanwhile, if you do not know the account number, you may be able to walk in using your own ID and hers to verify account or the bank may just freeze the account in good faith (not requiring your Grandma's ID). It depends on the bank, but you must contact them immediately either by rushing to a branch or calling the bank's account services number (the number you usually see on your card when it says "Report Lost/Stolen card") Short answer: get in touch with the bank your grandma uses right now...
You will receive a court summons. If you have moved and the creditor cannot find you, they may file anyway so you may not know until you check your credit report and see a judgement or suddenly, your bank account is levied or your pay is being garnished.
Yes. The bank has the right to freeze a bank account (irrespective of the type of account) if they are not able to verify the KYC details of the customer. KYC stands for Know Your Customer and it is a process which checks the background of the customer and verifies his details like name, address, occupation etc. This is done to prevent illegal elements like terrorists or smugglers to gain access to the banking system. So, if your K YC fails, the bank may freeze your account to prevent illegal activities. If you can prove your details to the bank, then, they will be more than happy to re-instate your account.
Under certain circumstances, when the bank is notified, the accounts of the deceased may be frozen. However, Chase does not know when customers die unless notified typically.
go to bank and check