Won't accept payment and garnished bank account

by Linda
(Pueblo, CO)

After paying on a debt for 10 months, I was two months behind (the final two payments). I contacted the collection law firm and let them know. They said to pay it within 30 days (I only get paid once per month) and since it was the last payment it would be fine. I did pay them and then I received the check (uncashed) back with a letter stating they couldn't accept my payment (no reason given). Then, they must have wrote down my checking account number off of that check because the next thing I know my bank account is overdrawn. I DID NOT receive a notice to be heard in Court from the law firm or my bank. My bank sent me a letter dated one day AFTER the garnishment. Also, they drained the joint account I had there with my Dad. I have two questions: 1) Can they legally write down my checking account info? Isn't that protected financial information? 2) Can they take funds from a joint checking account that is NOT subject to "community property" standards like a husband/wife account?

Comments for Won't accept payment and garnished bank account

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Apr 22, 2011
Debt Collector Returned Payment and Took Money From Bank Account
by: debtcollectionanswers.com

So sorry to hear about your problems. I am not an attorney and even if I were, it would be difficult if not impossible for me to figure out long distance what the debt collector did. Therefore, I strongly advise you to get in touch with a consumer law attorney in your area who helps consumers resolve debt collection problems. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

You need a lawyer's help sorting out exactly what happened. For example, did the collector actually get a judgment against you for the two payments you missed and not properly notify you of the lawsuit, or did the debt collector use the information on your check to gain access to the money in your account? Note: A debt collector with a judgment against you (assuming it sued you and won the law suit) is not entitled to drain your account. Bottom line, the attorney can help you determine if your legal rights were violated and what you best course of action is if they were violated.

As for your question regarding the account you have with your father, if your name is on the account, then the funds in that account are subject to garnishment, but only if the appropriate legal process is followed.

A final word of advice: Never pay a debt collector with a bank check. In the future, protect yourself by paying with a bank certified check or via Western Union.

Again, get legal help as soon as possible

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