- A private creditor, such as a collection agency or credit card company, cannot freeze your bank account to seize funds without first suing you in court and being awarded a judgment against you.
- Not all states permit private creditors to freeze and garnish your bank accounts. States such as Texas and South Carolina do not allow any form of garnishment by a private creditor.
- A bank account will typically be frozen for 21 days before the money it contains is remanded to a judgment creditor.
- Some forms of income, such as child support and Social Security, are exempt from garnishment by private creditors.
- If you believe your bank account has been frozen in error, you may return to court and file a Motion to Vacate. If your motion is successful, you can have the judgment and subsequent garnishment order overturned.
- The federal government has the right to freeze bank accounts and seize funds in all 50 states without first obtaining a court order of any kind.
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