bank account garnishment without notification

can a third party debt collector for a credit card company garnish a savings account in Georgia without prior notification. The account was considered inactive and had almost no money in it but the address on it was current and the only notification came from the bank After the money had been taken out.

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Apr 24, 2011
Bank account garnishment without notification

Before your bank account can be garnished to collect past due credit debt the collector must sue you for the debt and win the lawsuit. If it wins the lawsuit it can ask the collector for permission to take money our of your account or to collect the money some other way.

It's not clear from your question whether you were legally notified about the lawsuit (served). If you were not, then your legal rights were violated and so you should contact 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.

If you were legally notified about the lawsuit and the debt collector won a judgment against you, it depends on your state's law as to whether or not you must be notified that the funds in your account are about to be garnished. Again, check with a consumer law attorney about the laws in your state that apply to garnishment.

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