Pinched
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If you work out a payment plan with a collection agency many times they will require post dated checks. Why? Because if you're in collections, it's already past due, and this is an easy way to remember to make timely payments as agreed to get the ballance taken care of.
It's flat out fraud if they take a penny more than you authorize or do it a day sooner. The only way money can be garnished from your wages or taken from your bank account without your permission is with a court order. They give you many opportunities to voluntarily pay before they seek legal action.
In my opinion, people who say that collection agencies take more $$$ then they've been authorized to are usually just people who don't want to pay their bills. It's just a lame excuse to not figure out a way to pay what's owed. If any collection agency took out more than authorized, they would need to pay all NSF fees caused by it... refund the money... or put themselves at huge risk a BIG LAWSUIT. It's just not worth it to them. At the collection agency I work for all telephone recordings of debtors authorizing payments are kept.
If you really don't want to give checking account info then send a money order for the ballance in full to them today. When they get it you'll never hear from the again. At the very least, make sure you send your payments on time every month (if you send a check it has your checking account info on it). |
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ferretjunkie
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I used to do hospital collections. They can't go into your checking account and take money. They can take you to court and get a judgement against you so that money is taken out of your check before you put it in the bank. |
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Dylan V
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I am a Debt Collector at a Law Firm. The Last Step in collections in for a Credit Card company to sell the debt to someone else. Or Hire an Attorney. Outr Firm Files Suits on People. Wether you go or not they wil lget a judgmeent on you. One They get a Judgment In Some States it is possible to have 25% of your wages or 100% of you Bank account Garnsished. And that includes all the joint accounts with your siblings, kids, parents. Any Account with your name on it.
Hope this helped! |
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Dominicks Granny
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Only if they get a judgement against you. They will have to file suit against you and you have to be served. It goes before a judge, and you have the chance to present your side of the story. Many times they will drop it if you present yourself as insovent - they realize it's just going to continue to cost them money trying to collect from someone that just simply doesn't have it, and write it off to bad debt so they can at least take a tax credit on the loss. If they do that, they may send you a 1099, and you will be responsible for paying the taxes on it.
But if they win the judgement, they can AND WILL attach any monies they can find! |
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shandebar
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The only way they can go into your account is if you or someone else authorized on your account gives them verbal or written permission to, otherwise it must be by court order and through your employer. If a creditor is taking money out of your account you should contact your attorney. |
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81 Honda
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Only if you've authorized it or they have a court order to garnish your wages? So I guess even then only if you've authorized it because if they're garnishing, you wouldn't even see it in your account, it'd come right out of your check |
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dbuitt22
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As long as you pay them something every month they can not do nothing like that. they can have a min amount to send but if you send them $20 and they want $50 then they can not do anything except report you.
My advice pay your bill. |
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Jesse Rocks
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Depends..A collection agency? No. But a creditor CAN file to garnish your wages. You will be served papers before this happens.
If you owe money to a BANK and you signed a promissory note, more than likely they CAN draft your accounts if you OWE the money at the SAME BANK in which you have deposit accounts..they cannot draft at another bank... |
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wareagle30
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If they garnished you bank account then there's a judgment against you. they filed a bank attachment or a "other than wages attachment" with the court. the court sends it to your bank and however much $$$ is in there at that moment is swept from the account and mailed to the court. if you feel the funds were exempt from garnishment you can request a garnishment hearing and have your day in court. the court holds the money. if you dont request a hearing the court takes 2-4% for their fee and sends the rest to the atty of record for the plaintiff. if there is a civil judgment rendered against you they have several remedies available to them.
email me if you want and i could offer some advice since i do the executions for a living.
****the process i described pertains to ohio, very few states differ though. check your local civil procedures***
*****response to the answers that claim SOL******
What alot of people forget or dont know is that the statute of limitations as a defense is an affirmative defense (means you must raise it) it doesn't bar the creditors Atty. from suing you and it dont mean you no longer owe the money. people say SOL and think it just goes away... not the case |
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E.F. Hutton
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It depends on what state you are in. Each state has different collection laws to abide by, google it. |
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bryan l
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dbuitt advise is much worse then the people giving answers above stating that they are collectors wow. His advise is a classic example what a bill collector would trick you into, resetting your SOL, and then turn around a sue you. ONE thing about dealing with collection agency's they are full of threats. This guy above stating that he works for a collection law firm, these again a just collection agencies. Yes they can come after your bank accounts, they need to win in court. If this debt is old like 3-6 years old more than likely this is past the SOL, search for that. I would go into this with extreme caution and if it is a large sum of money 4k or more talk to a attorney. |
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Curtis R
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only if you give your OK, or they get a judgment.
but remember these guy have no morels they would take milk from baby's, let you and your freeze to death. |
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ANTHONY M
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No. Have no contact with a collection agency. They are scumbags, bloodsuckers, and leeches that live off of peoples misery. |
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kimmee812
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no that is not legal unless you "signed" something that permits that., Alot of these agreements now include where if you wrote a check or drafted a payment from your account them could draw money out .. BUt as long as you dont sign anything I would not worry about it..
the only thing that will be hurt is your "credit".
good luck |
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Mack J
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no but they could try to trick you into giving them the right to take money out of your account.i don't know if they ever tried it but i wouldn't be surprised if they did. |
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smartypants909
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Depending on who you owe money to, they can garnish your wages, that means to take it out of your paycheck before you get it. They can also take your income tax refunds, and welfare checks. I don't know if anybody can get into your bank account. |
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