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Can a debt collector take money directly out of my paycheck and/or my bank account?

Irvine, CA |

I have unpaid debt with an old Discover credit card that has now gone to a debt collector. The debt collector sent me a letter saying they would send me a letter showing the judgment they have on me. I also just received a call at work from the same debt collector. I asked her to take me off her calling list and she said she would make a note of it. I'm concerned about 3 things:

1. I don't want them calling my work again.
2. I'm afraid they will take money directly from my paycheck.
3. I'm afraid they will take money directly out of my bank. (I have not provided them with my bank info.)

I did notice that this debt collector is located in the same County as me. I live in California. Are they able to take money directly out of my paycheck? Are they able to take money directly from my bank?

Attorney Answers 4

Posted

If there truly is a Judgment, your bank accounts can be levied and your wages can be garnished. Judgments in California carry 10% interest and are good for 10 years and can be renewed for another 10. You can check online with the Orange County's Register of Actions to determine whether or not there is a Judgment against you.

DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Liewen Law is fully compliant with every State and Federal Law, including California SB 94 and the related Civil Code Sections, as well as the FTC Mortgage Assistance Relief Services (MARS) Final Rule. Liewen Law is a debt relief agency helping consumers file for bankruptcy relief under the United States Bankruptcy Code. Liewen Law maintains this website for marketing and informational purposes only. None of the information or materials on this site is legal advice. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. Said information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While we make every effort to keep this site accurate and up to date, we do not guarantee its accuracy and are not responsible for inaccuracies, errors, or omissions.

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Posted

I agree.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.

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Posted

If they went to court, and the court entered a judgment, they can garnish your wages without notice. And they can levy upon your bank account. And, they can report the judgment on your credit. If they have a judgment, there will be a case number. Check with your local court and find out if you have been named in a lawsuit. If so, contact an attorney immediately.

If there is not judgment, the creditor may be violating the Fair Debt Collection Practices Act.

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Posted

Agree with others that they can garnish wages IF there really has been a lawsuit and a judgment in their favor, even if by default because you failed to respond to the summons. One thing to add, with respect to calling you at work, it's nice that they said they will honor your verbal request as to not calling you at work, but you should make cease and desist telephone communications requests in writing. Follow up with written request.

I am not YOUR lawyer. Don't rely on answers to questions as legal advice. For legal advice contact a Bankruptcy Attorney for a consultation. Tokarska Law Center is a Federal Debt Relief Agency representing individuals and businesses in filing for bankrutpcy protection under the U.S. Bankrutpcy Code. Kathryn U. Tokarska is a San Diego Bankruptcy Attorney, owner of Tokarska Law Center, 185 West F Street #100, San Diego, CA 92101, (619) 285-1992 www.sdbankrupt.com

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