Legal Question in Credit and Debt Law in Missouri
judgement laws on bank accounts
Is there a law against removing money from my checking account for a car repo judgement against me ?
Asked on 3/01/05, 10:20 pm
1 Answer from Attorneys
Anthony DeWitt
Bartimus, Frickleton Robertson & Gorny, PC
Re: judgement laws on bank accounts
If there is a judgment, no, there is nothing illegal about it. The judgment can be "executed" by filing a writ of garnishment. Essentially the creditor sues your bank for information. The bank responds with how much money you have, and the creditor asks the court for a "pay in order" which requires the bank to pay it in to the court. When the bank pays it in, the creditor then goes to the court and asks for a pay out order, which allows the clerk to pay it to the creditor.
If there is no judgment, they can't get the execution however.
Answered on 3/02/05, 10:36 am