Bank account attachment?

by Linda
(Rancho Cordova, Ca)

I have a small savings (about $4000) and live on a small County pension as well as SS Widow benefits. A collection agency with a very bad reputation (FJHanna) has sent me a letter regarding collection of a 7,697.59 debt. Can they obstruct my bank account (actually Credit Union Accounts) and take my money and leave me with no money?

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Oct 19, 2010
 debt collector and bank account
by: Gerri

Linda,

Generally for consumer debts, collectors must first take you to court and get a judgment before they can go after your bank account or other assets.

It sounds like you may be judgment proof - which means that even if they did sue you, there would be nothing they could really go after anyway. But the person who can and should tell you that for sure would be a bankruptcy attorney.

Even if you don't want to file, we would suggest you get a a free consultation with a California bankruptcy attorney to find out for sure what the debt collector can and cannot do to collect from you.

We also recommend you at least read the first chapter of Debt Collection Answers online for free and consider getting the California edition of our book, which contains information about the Rosenthal Act, a California consumer protection law that governs debt collection.

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