Bank account

by Angela
(Macon, GA)

I just pulled up my bank account to find a zero balance, I called the bank, and they withdrew money that was from a past debt on a credit card, is this legal to do without any notice or court action?

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Jul 27, 2010
Money taken from bank account to pay past due debt
by: Mary

Thanks for submitting your debt collection question on our Q&A page.

It is legal for a bank to take money from your bank account to pay a past due debt that you owe, but only if the creditor or debt collector trying to collect on the debt has taken you to court (sued you), won a judgment against you and gotten the court's permission to collect on the judgment by taking some of the money in your account.

So, if you never received a legal summons from the court notifying you that a lawsuit had been filed against you and telling you when to show up in court, then you should contact a consumer law attorney in your area because your legal rights have been violated. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

However, if you received such a notification but ignored it and did not show up in court, then it's likely that the court awarded the debt collector or creditor who sued you a "default judgment" and that the debt collector or credit then got the court's permission to collect on the judgment by going after the funds in your bank account.

If you want to become more informed about your debt collection rights, I urge you to get our ebook Debt Collection Answers. You can read the first chapter of Debt Collection Answers online for free.

Please share what happens with your situation in the comments section for this question. We are very interested in hearing how this turns out for you, and your experience can help others who are in your same situation.

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