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

Asked over 1 year ago - 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)

  1. Antoinette Cara Liewen

    Contributor Level 15

    8

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    Best Answer
    chosen by asker

    Answered . 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... more
  2. Michael Avanesian

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . I agree.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  3. Richard Scott Lysle

    Contributor Level 17

    2

    Lawyers agree

    1

    Answered . 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.

  4. Kathryn Ursula Tokarska

    Contributor Level 16

    2

    Lawyers agree

    1

    Answered . 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... more

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