Legal Question in Credit and Debt Law in California

credit card companies

i owe a credit card company $1800.00, they have referred my account to a lawyer. can they attach my checking account and if so for how much, can they drain my account?


Asked on 8/13/08, 3:52 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: credit card companies

The credit card company can, after obtaining a judgment, lien your bank account. Once the notice of lien has been sent to the bank, your account is frozen, and unless you follow the instructions on the notice and claim the funds are exempt, they can drain your bank account repeatedly until the entire judgment is satisfied. They have the right to also bring you into court on a judgment debtors' exam in which they will question you under oath about where all of your assets are, what they are worth, and if you have any non-exempt assets with you, the court can order you to turn them over to the credit card company's attorney right away. I'd contact the attorney now and attempt to negotiate a settlement before a lawsuit is filed - which, by the way, will also adversely affect your credit.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 8/13/08, 5:10 pm


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