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Can a collection agency take money from your bank account and freeze assets without your knowledge or permission?

Chicago, IL |

i owe and have made some payments, but as i am now unemployed and have let them know this and i will try to send payments,spoke with them many times, they took money from my wifes and mine joint checking and froze the account. My wife name is NOT on the credit card debt

Attorney Answers 4

  1. If there is a judgment against you, then the collection agency can pursue certain means to collect the debt owed. One of those means is to do a third party citation to a bank, which results in freezing the funds in your account. You should have received notice of this, and you should go in on the court date and claim your exemption. There are several exemptions that you might be able to claim in order for them to release the funds. You should speak to an attorney as soon as possible so that you are aware of your rights.

    Elizabeth A. Demonte Anderson & Associates P.C. 630.653.9400. The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

  2. I assume there is a final and enforceable judgment against you, that the bank was served with a citation to discover assets, and that a turn-over order was entered by the court.

    Within 3 business days of the service of the citation upon the bank, you should have been sent a copy of the citation and the citation notice by whoever served them.

    Your wife should have received notice, and, if she appeared, a trial of adverse claims should have been held, to determine what part of the funds in the joint account, if any, belonged solely to her (under Illinois law, it is presumed that each owner of a joint account owns all funds in that account).

    You may claim certain exemptions. Click on the following link for information in that regard:

    Hope this helps. Good luck to you.

  3. They likely have a judgment against you. The served the bank with the judgment and a citation to discover assets which froze the account and it was executed. If service was bad you can maybe vacate the order and get the money back, but you would need a lawyer to file this. You should have gotten a notice from the bank once the account was frozen. You can search online with the Cook County Clerks office to see who sued you by a name search. Hope this helps. You should also consider bankruptcy depending on your circumstances.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

  4. Yes, they can. If your name is on the account, they can get the money.

    The agreement and the guarantee may determine the rights most completely. An attorney should read that over to give you the best help.