A Simple Question....

[Kenwest]

I live in Florida and due to a loss of my job I have not been able to pay my unsecured credit card payments. I would like to know if they put a lein or judgement against me, will they be able to automatically take money out of my checking, savings, or CD accounts at any time, without my knowledge, or in the future if I decide to cash in my CD. I do not own any real estate. Thanks, Kenwest.

[lovefish1]

My state is California, but I am not sure what the laws are like in Florida. Try to call the credit card company to set up payment. Yes, they can take money out of your accounts or CD if they know the information and they can get it. You may need to file bankupcty (Sorry no spell check) or go to a company that helps people pay off creditors. Sorry not sure what there called. Good Luck

[Kenwest]

They can raid my accounts or CD without my knowledge if they can find out my account numbers?

[JETX]

Originally Posted by lovefish1

My state is California, but I am not sure what the laws are like in Florida.

Then why the HELL did you post??
What an idiot!!!

[JETX]

And now for some ACCURATE answers:

Originally Posted by Kenwest

I would like to know if they put a lein or judgement against me, will they be able to automatically take money out of my checking, savings, or CD accounts at any time, without my knowledge, or in the future if I decide to cash in my CD. I do not own any real estate.

If your creditor gets a judgment FIRST, then they have the right to place a lien or levy against any of your non-exempt assets. This could include your bank account(s). And yes, it is done BEFORE you are told and have a chance to close the accounts; however, you will be notified right after the seizure/levy is put in place.

[Kenwest]

This is exactly the type of information I was looking for. Thanks for your precise answer.

[lovefish1]

Originally Posted by JETX

And now for some ACCURATE answers:


If your creditor gets a judgment FIRST, then they have the right to place a lien or levy against any of your non-exempt assets. This could include your bank account(s). And yes, it is done BEFORE you are told and have a chance to close the accounts; however, you will be notified right after the seizure/levy is put in place.

Hey Jetx, you have been a great help to me and many people, but be gentle. I do promise to be more thorough on my answers and I do like to let people know that the Small Claim Court Laws in California differ from other states. Are you a lawyer or do you just know you stuff well? Keep it up, but be gentle on the Juniors!!!!!!! We can all contribute to these answers. That is the fun of this place and by the way where do you get your answers (from a book or maybe you should write one. The books out there for Small Claim Court are not the best. Friends

lovefish1

[lovefish1]

Originally Posted by Kenwest

This is exactly the type of information I was looking for. Thanks for your precise answer.

Dear Kenwest, wanted to say I am sorry that I made you so concerned about my answer. Jetx is very right on his answer. I was trying to tell you, but I did not get it accross, sorry. It is very hard to get your bank checking and savings information unless you give it to them when they file a judgment Debtor's of Statement of Assets. They can force you to give them that information, but it is a lot of hard work and the amount to be collected must be alot for them to go after you that much. Then of course if they get that information, they must let you know if they are going to levy your accounts. Sorry for the miscommuncation !!!!!!!! lovefish1

[Kenwest]

Well I guess I have have to make a decision about what to do soon. I heard that if I put my money into an annuity it is protected from creditors but I am limited to withdrawing only 10 percent a year without a penalty. This could be a potential problem if an emergency should arise. Thanks.

[JETX]

Originally Posted by lovefish1

Dear Kenwest, wanted to say I am sorry that I made you so concerned about my answer. Jetx is very right on his answer.

I appreciate your support.... HOWEVER, your following 'thoughts' are NOT correct.

It is very hard to get your bank checking and savings information unless you give it to them

Nope. It is actually pretty easy to get that information... I do it all the time. In fact, I have a separate business line that provides bank and employment information for Judgment Creditors.

They can force you to give them that information, but it is a lot of hard work and the amount to be collected must be alot for them to go after you that much.

Again, not really. I seize bank accounts all the time.

Then of course if they get that information, they must let you know if they are going to levy your accounts.

A judgment creditor is only required to notify the account holder AFTER the account has been seized.

[lovefish1]

Originally Posted by JETX

I appreciate your support.... HOWEVER, your following 'thoughts' are NOT correct.


Nope. It is actually pretty easy to get that information... I do it all the time. In fact, I have a separate business line that provides bank and employment information for Judgment Creditors.


Again, not really. I seize bank accounts all the time.


A judgment creditor is only required to notify the account holder AFTER the account has been seized.

Jetx: Well, Here is the idiot, again (lovefish1) Where do you find your information regarding their banking accounts. One of my problems is we do not get their Social Security # when we do the job and you would need that to find their accounts. (I think) Who do you go through to get their accounts numbers? (What is a separate business line that provides bank and employment information for Judgment creditors.) Again, please write a book, because the book that I am using to collected is How to collect when you win a lawsuit in Califorina. It does not answer some of my questions. Are you a collection lawyer or just do collections for a living? Thanks the idiot (lovefish1)

[chihuahua]

KenWest:
If your that worried you can get a Limited Liability Corp or a Limited Family Partnership to avoid judgments and protect your property.

[JETX]

Originally Posted by lovefish1

Where do you find your information regarding their banking accounts.

Sorry, trade secret. I can safely say though... that it is in full compliance with all state and federal laws, including 15 USC 6821.

One of my problems is we do not get their Social Security # when we do the job and you would need that to find their accounts.

Yes.... and I do that also.... but only with a permissable purpose.

Who do you go through to get their accounts numbers?

Trade secret.

(What is a separate business line that provides bank and employment information for Judgment creditors.) Again, please write a book, because the book that I am using to collected is How to collect when you win a lawsuit in Califorina. It does not answer some of my questions. Are you a collection lawyer or just do collections for a living?

One of my 'other' businesses, is to purchase unpaid civil judgments, investigate the debtor and, using valid legal processes, obtain payment.
PM if you need information.