Can Debt Collectors Take Money From My Bank Account?

Debt collectors need a court order to garnish bank accounts.

If you are dealing with high levels of debt, you may be worried that a collection agency is going to seize funds from your bank accounts. While it is possible for a collection agency to seize your assets, there is a process that must be followed before this can happen.

Bank Garnishments

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.

Exempt Funds

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.

Prohibited Threats

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.

References

• Comptroller of the Currency Administrator of National Banks: Answers About Garnishments
• Federal Trade Commission: Debt Collection FAQs