Legal Question in Appeals and Writs in Pennsylvania
Hello, Can they take all my money in my checking account if it has a lien on it for an unpaid credit card. It isn't enough to cover the amount and I have direct deposit so for three weeks I have had no money.
1 Answer from Attorneys
This is in the wrong section. It is a collection issue. Can a creditor freeze your checking account? Yes, if the creditor has first obtained a judgment against you. Pennsylvania law allows you to keep no more than $300 in any one bank account as per
42 Pa.C.S.A. � � 8123 set forth below.
If you have direct deposit, I suggest that you go to your employer tomorrow and stop the direct deposit immediately. I suggest that you look to getting an online bank account if your employer will only do direct deposit. Otherwise, consider getting a paper check and getting it cashed at Wal Mart or other check casher and going on a cash only basis. Or you may be able to get a prepaid debit card and have your pay direct deposited onto the card.
After you get your banking straightened out, you should do what you should have done when you were first sued and consult an attorney about your options - whether it is to file bankruptcy, or to resolve the debt by settlement or payment in full. You can also discuss the options for protecting your remaining assets.
42 Pa.C.S.A. � � 8123. General monetary exemption
(a) General rule.--In addition to any other property specifically exempted by this subchapter, property of the judgment debtor (including bank notes, money, securities, real property, judgments or other indebtedness due the judgment debtor) to the value of $300 shall be exempt from attachment or execution on a judgment. Within such time as may be prescribed by general rules the judgment debtor may claim the exemption in kind and may designate the specific items of property to which the exemption provided by this section shall be applicable unless the designated property is not capable of appropriate division, or the judgment debtor may claim the exemption in cash out of the proceeds of the sale.