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Can someone who received a judgement against me collect from my bank account?

Discuss the legalities of Bankruptcy Law

Can someone who received a judgement against me collect from my bank account?

Postby vanaken25 » Tue Apr 24, 2012 7:16 am

In the state of Kentucky. I received a judgement against me for approximately $8000 for non payment of a $1400 credit card bill. The debt was bought from a collection agency by a bully law firm in Lexington and they added a hundred different kind of fees over a period of 5 years. They took me to court a received a judgement against me for that amount. I don't want to deposit my checks in fear of the law firm taking it out of my account. I am currently in the process of filing bankruptcy. I really don't know if they can take money out of my account???
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Can someone who received a judgement against me collect from my bank account?

Postby taillefer » Tue Apr 24, 2012 7:17 am

As long as they took you to court, sued and won ? Yes they can attach your bank account.

But if you file chapter 7 all collection activity must stop. So you BK lawyer is best to advise you on this.
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Can someone who received a judgement against me collect from my bank account?

Postby tripp » Tue Apr 24, 2012 7:20 am

When you file a bankruptcy then that immediately puts a stop to their taking money from your bank account or garnishing your wages. If you are working though the judge will change your Chapter 7 to a Chapter 13 and you'd have to make a five year repayment plan and pay toward that judgment. Your attorney will help you make that plan. Tell that collection agency you're in the process of doing a bankruptcy. They will continue to monitor your accounts and check to be sure that you do file a bankruptcy and then they will file a claim against your bankruptcy so be sure to list them and the company you owe on your bankruptcy. That collection agency can also put a lien against anything you own, and in some cases they can put a lien against your parents assets if you live with them. So it's best to make some kind of repayment plan with them according to your income, but is also good to have a bankruptcy solve the matter.
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Can someone who received a judgement against me collect from my bank account?

Postby avikar76 » Tue Apr 24, 2012 7:26 am

When you file a bankruptcy then that immediately puts a stop to their taking money from your bank account or garnishing your wages. If you are working though the judge will change your Chapter 7 to a Chapter 13 and you'd have to make a five year repayment plan and pay toward that judgment. Your attorney will help you make that plan. Tell that collection agency you're in the process of doing a bankruptcy. They will continue to monitor your accounts and check to be sure that you do file a bankruptcy and then they will file a claim against your bankruptcy so be sure to list them and the company you owe on your bankruptcy. That collection agency can also put a lien against anything you own, and in some cases they can put a lien against your parents assets if you live with them. So it's best to make some kind of repayment plan with them according to your income, but is also good to have a bankruptcy solve the matter.
Yes, they can snatch money from your bank account if they have a judgment.

Did you show up for court? If you didn't, you should have and argued that 8k figure. When people don't show up for court or "default", the judge gives the creditor whatever they are asking for!

If you are filing for bankruptcy, that means you *should* have a lawyer. Contact them and ask them what you should do.

I personally would carry cash for the time being though.
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Can someone who received a judgement against me collect from my bank account?

Postby orlondo100 » Tue Apr 24, 2012 7:31 am

Until you get a docket number, I suggest that you either put your money into a different name or purchase traveler checks from a bank. The never expire and if you lose them, you get your money back. Just make sure you add the 1% fee.
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