- If a debt collector wins a lawsuit against you, it can ask the court for permission to garnish your bank account for the amount of money that you owe them. While some government agencies can garnish accounts without a court order, most creditors and debt collectors need a court order to do so.
- Income from some sources is exempt from garnishment. For example, if the money in your account is from Social Security, it can't be garnished to satisfy most types of debt. It is your responsibility to document your income sources to prevent garnishment, so bring your bank statements and paperwork from exempt sources of income to your garnishment hearing.
- Under the federal Fair Debt Collection Practices Act, it is illegal for a debt collector to make empty threats against you. Although it is perfectly legal for a collection agency to threaten to take you to court if the agency is actually considering doing this, it is not legal for them to threaten to garnish your bank account without a court order.
Bank Garnishments
Exempt Funds
Prohibited Threats
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