Legal Question in Credit and Debt Law in Missouri
Freezing checking account
My question is: Can a collection agency freeze my checking account if the only deposits made to that account is from a Social Security Check that I recieve each month?
1 Answer from Attorneys
Re: Freezing checking account
A collection agency can not freeze your bank account. If a collection agency has threatened to do this, they may be in violation of federal fair debt collection practices laws. Before any "freezing", or more accurately "seizing", of your bank account or any other asset, the creditor would have to file a lawsuit, obtain service of process,proceed to judgment and file the appropriate post judgment papers such as a garnishment or an execution which would be served by the sheriff. I would suggest that you write the collection agency a letter demanding that they cease and desist from all further contact. In the event that the creditor turns the matter over to an attorney, the attorney will be better to deal with than the collection agency. Please feel free to call me at 314-727-2822 for a free consultation if I might be of any assistance. Thank you.