Legal Question in Credit and Debt Law in Alabama

State of Alabama, Capital One was taking automatic bank drafts from my checking account to settle a debt. For 6 consecutive months the payments were drafted on-time with no problems noted. Three days ago they drafted the entire balance of my checking account ($3500). When I called they told me the monthly payment agreement was only for 6 months and they would not release the $3500 back to me and stated that I still owe them $1500. First can they "garnish" my account without notice for that amount of money and 2nd if I make another deposit can they "garnish" that money as well?


Asked on 6/04/10, 7:40 am

1 Answer from Attorneys
Charles Williamson Charles J. Williamson, Attorney At Law

No, legally, they cannot garnish your account without first giving you an opportunity to be heard. I don't know about Alabama law, but its definitely against U.S. Constitutional law. If you put more money into the account, they will keep taking it until the balance of the debt is paid, even though its against the law. How do they get away with it? Simple, it will cost you more to hire an attorney and fight them then what its worth.

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Answered on 6/04/10, 10:54 am


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