Legal Question in Credit and Debt Law in Ohio

Ability to collect from ones checking account

If money is owed to a person due to a promissory aggreement is that party able to collect the debt after a year directly from your personal checking account without your knowledge? A court order was received by the bank to deduct the amount which after fees was 984.00 from account without my knowledge. Garnishment was supposed to be the action, which I then made a payment with no response in return, resulting in a letter from my financial institution of this debit. It has left me with no money for personal living bills, and outstanding checks which I am going to be responsible for. I never received information of a court date with this new action that they wished to take, nor that the case was switched from one county court to another. Is this something that I can dispute?


Asked on 4/22/03, 1:37 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: Ability to collect from ones checking account

The court should have sent you notice of the bank attachment before same goes through. Unlike a wage garnishment, the creditor is not required to notify you directly. The only defense you have is that x amount of the money in the account is not yours, thus not being subject to attachment.

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Answered on 4/23/03, 2:53 pm


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