Legal Question in Credit and Debt Law in Michigan

Question regarding a collection.

A company called a friend of mine and demanded payment of a past due amount of $1400 that had to be paid within a half hour. This company has all of my friends bank information and said that if it is not paid by Monday, then they will sue.

Are collection accounts able to reach into your personal bank account and take your money or do they have to get approval to do so?


Asked on 9/25/08, 6:15 pm

4 Answers from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Question regarding a collection.

This sounds like a serious violation of the Fair Debt Collections Practices Act. The debt collector's action may result in money in your pocket. Please call me at 248.679.1552 to discuss your options.

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Answered on 9/29/08, 1:50 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Question regarding a collection.

It sounds like a scam, unless your friend knows what debt they were calling about. Never give out any information over the phone, or confirm any information. Hang up and call your creditor back.

A creditor can only garnish a bank account if they have a judgment and then have requested a garnishment. You will be served with a copy of the garnishment after your funds have been garnished.

Your friend needs to find out if a judgment has been entered (sounds like it hasn't if they were threatening to sue), if the debt is even valid, and then either hire a lawyer to resolve it, or attempt to reach an agreement with the creditor.

Always get any agreements in writing.

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Answered on 9/29/08, 12:44 am
Timothy Klisz Klisz Law Office, PLLC

Re: Question regarding a collection.

this is a cheap scam. Have tour friend contact me at www.kliszlaw.com to discuss in detail. Tim Klisz

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Answered on 9/25/08, 6:21 pm
Stuart Collis Collis, Griffor & Hendra, PC

Re: Question regarding a collection.

This is a clear violation of the Fair Debt Collection Practices Act. You could sue the collection company for such deceptive actions. Nobody can garnish or take money out of an account without a judgment. Your friend should hire an experienced attorney such as myself to sue this collection agency.

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Answered on 9/25/08, 6:35 pm


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